EXCHANGE 


School  Laws 

of  (he 

STATE.  OF  MONTANA 

Comprising  all  the  Laws  in  force  pertaining  to  Public  Schools, 

State  Educational  Institutions,  School  Lands  and  Public 

Lands  appropriated  to  the  use  of  the  State 

Educational  Institutions. 


ma 


Compiled  at  the  office  of  the 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

OCT.   1911. 

PUBLISHED  BY  AUTHORITY 
H 


School  Laws 


of  the 


STATE.  OF  MONTANA 

Comprising  all  the  Laws  in  force  pertaining  to  Public  Schools, 

State  Educational  Institutions,  School  Lands  and  Public 

Lands  appropriated  to  the  use  of  the  State 

Educational   Institutions. 


Compiled  at  the  offiice  of  the 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

OCT.    1911. 
PUBLISHED  BY  AUTHORITY 


State  of  Montana, 
Department  of  Public  Instruction. 

This   Pamphlet   contains    the   School    Laws   of   the    State    in 
fforce  to  date. 

W.   E.   HARMON, 
Superintendent  of  Public  Instruction. 
Helena,  Montana,  Oct.,  1911. 


THIS  VOLUME  IS  STATE  PROPERTY. 

And  is  for  the  use  of  the  School  Officers  of School 

District  No ,   County  of    ,   State 

of  Montana. 


School  officers  on  retiring  from  office,  are  required  by  lavJ 
to  deliver  this  volume,  with  all  other  books  and  documents  oi 
an  official  character,  to  their  successors  in  office.  The  Clerk  is 
the  proper  custodian  of  this  book. 


249023 


THE  MONTANA  STATE  BOARD  OF  EDUCATION. 

Ex-Officio. 

GOVERNOR   EDWIN   L.   NORRIS,   President. 
ALBERT  J.  GALBN,  Attorney  General. 

W.   E.  HARMON,  Sup't  Public  Instruction,  Sec. 

By  Appointment. 
N.  R.  Leonard,  Butte. 

Charles  H.  Hall,  Missoula. 

Ward  H.   Nye,   Billings. 

O.  W.  McConnell,  Helena. 

Walter  S.  Hartman,  Bozeman. 

S.  D.  Largent,  Great  Falls. 
H.  G.  Pickett,  Helena. 
G.  T.  Paul,  Dillon.. 

G.  A.  Ketcham,  Clerk. 

Officers   of   the   Board. 

Edwin   L.   N  orris    . President 

Albert  J.    Galen    Vice-President 

E.    E.    Esselstyn    Treasurer 

W.    E.    Harmon    Secretary 


General  School  Law  of  the  State  of  Montana. 

PROVISIONS  OF  THE  ENABLING  ACT. 


Section  4.  *  And  said  (constitutional)  conventions 

shall  provide  by  ordinance  irrevocable  without  the  consent  of 
the  United  States  and  the  people  of  said  states  *  *  *  *  * 

Fourth.  That  provisions  shall  be  made  for  the  establish- 
ment and  maintenance  of  systems  of  public  schools,  whioh  shall 
be  open  to  all  children  from  said  states,  and  free  from  sectarian 
control. 

Section  10.  That  upon  admission  of  each  of  said  states  into 
the  Union,  sections  numbered  16  and  36  in  every  township  of 
said  proposed  states,  and  where  such  sections  or  any  parts 
thereof  have  been  sold  or  otherwise  disposed  of  by  or  under 
the  authority  of  any  Act  of  Congress,  other  lands  equivalent 
thereto,  in  legal  subdivisions  of  not  less  than  one  quarter  sec- 
tion, and  as  contiguous  as  may  be  to  the  section  in  lieu  of 
wihidh  the  same  is  taken,  are  hereby  granted  to  said  states  for 
•the  support  of  common  schools,  such  indemnity  land  to  be 
selected  within  said  states  in  such  manner  as  the  Legislature 
may  provide,  with  the  approval  of  the  Secretary  of  the  Interior; 
Provided,  that  the  sixteenth  and  thirty-sixth  sections  embraced 
in  permanent  reservations  for  national  purposes  shall  not,  at 
any  time,  be  subject  to  the  grants  nor  to  the  indemnity  pro- 
visions of  this  act,  nor  shall  any  lands  embraced  in  Indian, 
military  or  other  reservations  of  any  character,  be  subject  to 
the  grants  or  to  the  indemnity  provisions  of  this 
act  until  the  reservation  shall  have  been  extinguished  and  such 
lands  be  restored  to,  and  become  a  part  of  the  public  domain. 

Section  n.  That  all  the  lands  herein  granted  for  educa- 
tional purposes  shall  be  disposed  of  only  at  public  sale,  and  at 
a  price  not  less  than  ten  (10)  dollars  per  acre,  the  proceeds  to 
constitute  a  permanent  school  fund,  the  interest  of  which  only 
shall  be  expended  in  the  support  of  said  schools.  But  said- 
lands  may,  under  such  regulation  as  the  Legislature  shall  pre- 
scribe, be  leased  for  periods  of  not  more  than  five  years,  in 


G  GENERAL   SCHOOL    LAW 

quantities  not  exceeding  one  section  to  any  one  person  or  com- 
pany; and  such  lands  shall  not  be  subject  to  pre-emption, 
homestead  entry,  or  any  other  entry  under  the  land  laws  of 
the  United  States,  whether  surveyed  or  unsurveyed,  but  shall 
•be  reserved  for  school  purposes  only. 

Section  13.  That  5  per  centum  of  the  proceeds  of  the  sales 
of  public  lands  lying  within  said  states  which  shall  be  sold  by 
the  United  States  subsequent  to  the  admission  of  said  states 
into  the  Union,  after  deducting  all  the  expenses  incident  to  the 
same,  shall  be  paid  to  the  said  states  to  be  used  as  a  permanent 
fund,  the  interest  of  which  only  shall  be  expended  for  the  sup- 
port of  common  schools  within  said  states  respectively. 

Section  14.  That  the  lands  granted  to  the  Territories  of 
Dakota  and  Montana  by  the  act  of  February  18,  1881,  entitled 
"An  Act  to  Grant  Lands  to  Dakota,  Montana,  Arizona,  Idaho 
and  Wyoming  for  University  Purposes,"  are  hereby  vested  in 
the  states  of  South  Dakota,  North  Dakota  and  Montana, 
respectively,  if  such  states  are  admitted  into  the  Union  as  pro- 
vided in  this  act,  to  the  extent  of  the  full  quantity  of  seventy- 
two  sections  to  each  of  said  states,  and  any  portion  of  said 
lands  that  may  not  have  been  selected  by  either  of  said  Terri- 
tories of  Dakota  or  Montana  may  be  selected  by  the  respective 
states  aforesaid;  but  said  act  of  February  18,  1881,  shall  be  so 
amended  as  to  provide  that  none  of  said  lands  shall  be  sold  for 
less  than  ten  (10)  dollars  per  acre,  and  the  proceeds  shall 
constitute  a  permanent  fund  to  be  safely'  invested  and  held 
by  said  states  severally,  and  the  income  thereof  to  be  used 
exclusively  for  university  purposes.  *  *  *  None  of  the' 
lands  granted  in  this  section  shall  be  sold1  at  less  than  ten  (10).. 
dollars  per  acre;  but  said  lands  may  be  leased  in  the  same 
manner  as  provided  in  Section  n  of  this  act.  The  schools, 
colleges,  and  universities  provided  for  in  this  act  shall  forever 
remain  under  the  exclusive  control  of  said  states,  respectively, 
and  no  part  of  the  proceeds  arising  from  the  sale  or  disposal 
of  any  lands  herein  granted  for  educational  purposes  shall  be 
used  for  the  support  of  any  sectarian  or  denominational  school, 
college  or  university.  *  *  * 

Section  16.  That  90,000  acres  of  land  to  be  selected  and 
located  as  provided  in  Section  10  of  this  act,  are  hereby 
granted  to  each  of  said  states  except  to  the  State  of  South 
Dakota,  to  which  120,000  acres  are  granted  for  the  use  and! 


STATE    OF    MONTANA.  7 

support  of  agricultural  colleges  in  said  states,  as  provided  in 
the  acts  of  Congress  making  donations  of  lands  for  such  pur- 
poses. 

Section  17.  That  in  lieu  of  the  grant  of  land  for  purposes 
of  internal  improvement  made  to  new  states  by  the  eighth 
section  of  the  act  of  September  4,  1841,  which  act  is  hereby 
repealed  as  to  the  states  provided  for  by  this  act,  and  in  lieu 
of  any  claim  or  demand  by  the  said  states,  or  either  of  them, 
under  the  act  of  September  28,  1850,  and  Section  2479  °f  the 
Revised  Statutes  making  a  grant  of  swamp  and  overflowed 
lands  to  certain  states,  which  grant  it  is  hereby  declared  is  not 
extended  to  the  states  provided  for  in  this  act,  and  in  lieu  of 
any  grant  of  saline  lands  to  said  states,  the  following  granrsl 
of  land  are  hereby  made,  to  wit : 

*  *  *  Xo  the  State  of  Montana :  For  the  establishment 
and  maintenance  of  a  School  of  Mines,  100,000  acres;  for  State 
Normal  Schools,  100,000  acres ;  for  Agricultural  Colleges,  In 
addition  to  the  grant  hereinbefore  made  for  that  purpose,  50,000 
acres ;  for  the  establishment  of  a  State  Reform  School,  50,000 
acres ;  for  the  establishment  of  a  Deaf  and  Dumb  Asylumi, 
50,000  acres ;  for  the  public  buildings  at  the  Capital  of  the 
State,  in  addition  to  the  grant  hereinbefore  made  for  that  pur- 
pose, 150,000  acres. 

*  That  the  states  provided  for  in  this  act  shall  not 
be  entitled  to  any  further  or  other  grants  of  land  for  any  pur- 
pose than  as  expressly  provided  for  in  this  act.  The  lands 
granted  by  this  section  shall  be  held,  appropriated  and  dis- 
posed of  exclusively  for  the  purpose  her*ein  mentioned,  in  such 
manner  as  the  Legislatures  of  the  respective  states  may  sever- 
ally provide. 

Section  18.  That  all  mineral  lands  shall  be  exempted  from 
the  grants  of  this  act.  Ihit  if  sections  16  and  36,  or  any  sub- 
division or  portion  of  any  smallest  subdivision  thereof  in  any 
township  shall  be  found  by  the  Department  of  the  Interior  to 
be  mineral  lands,  said  states  are  hereby  authorized  and  em- 
powered to  select,  in  legal  subdivisions,  an  equal  quantity  of 
other  unappropriated  lands  and  said  states,  in  lieu  thereof,  for 
the  use  and  benefit  of  the  common  schools  of  said  states. 

Section  19.  That  all  lands  granted  in  quantity  or  as  indem- 
nity by  this  act  shall  be  selected,  under  the  direction  of  the  Sec- 
retary of  the  Interior,  from  the  surveyed,  unsurveyed  and  un- 


8  GENERAL   SCHOOL    LAW 

appropriated  public  lands  of  the  United  States  within  the  limits 
of  the  respective  states  entitled  thereto.  And  there  shall  be 
deducted  from  the  number  of  acres  of  land  donated  by  this  act 
for  specific  objects  to  said  states  the  number  of  acres  in  each 
heretofore  donated  by  Congress  to  said  territories  for  similar 
objects. 

CONSTITUTIONAL  PROVISIONS. 

(August   i7th,   1889.) 

PREAMBLE. 

We,  the  people  of  Montana,  grateful  to  Almighty  God  for  the 
blessings  of  liberty,  in  order  to  secure  the  advantages  of  a 
State  government,  do,  in  accordance  with  the  provisions  of  the 
Enabling  Act  of  Congress,  approved  the  22nd  of  February, 
A.  D.  1889,  ordain  and  establish  this  Constitution. 

ARTICLE   V. 

The   Legislative   Department. 

Section  26.  The  Legislative  Assembly  shall  not  pass  local 
or  special  laws  in  any  of  the  following  enumerated  cases,  that 
is  to  say: 

*********** 

13.     Providing  for  the  management  of  common  schools. 

ARTICLE  VII. 
Executive   Department. 

Section  i.  The  Executive  Department  shall  consist  of  a  *  * 
Superintendent  of  Public  Instruction,  each  of  whom  shall  hoU 
his  office  for  four  years,  or  until  his  successor  is  elected  and 
qualified,  beginning  on  the  first  Monday  of  January  next  suc- 
ceeding his  election,  except  that  the  terms  of  office  of  those 
who  are  elected  at  the  first  election,  shall  begin  when  t*he  state 
shall  be  admitted  into  the  Union  and  shall  end  on  the  first  Mon- 
day of  January,  A.  D.  1893.  The  officers  of  the  Executive 
Department,  excepting  the  Lieutenant  Governor,  shall  during 
their  terms  of  office  reside  at  the  seat  of  government  where 
they  shall  keep  the  public  records,  books  and  papers.  They 
shall  perform  such  duties  as  are  prescribed  in  this  Constitution, 
and  'by  the  laws  of  the  State.  *  *  *  *  ****** 

Section  3.  No  person  shall  be  eligible  to  the  office  of  *  * 
Superintendent  of  Public  Instruction,  unless  he  shall  have 


STATE    OF    MONTANA. 


attained  the  age  of  thirty  years  at  the  time  of  his  election. 
*  *  *  In  addition  to  the  qualifications  above  prescribed, 
each  of  the  officers  named  shall  be  a  citizen  of  the  United 
States,  and  have  resided  within  the  State  or  Territory  two 
years  next  preceding  his  election. 

Section   4.     Until   otherwise-  provided   by  law,   the     * 
Superintendent   of   Public   Instruction,   shall   quarterly   as   due, 
during   their   continuance   in   office,    receive    for   their    services 
compensation  which  is  fixed  as   follows.     ******* 

Superintendent  of  Public  Instruction,  two  thousand  five  hun- 
dred dollars  per  annum. 

*  *  *  The  compensation  enumerated  shall  be  in  full  for 
all  services  by  said  officers  respectively  rendered  in  any  official 
capacity  or  employment  whatever  during  their  respective  terms 
of  office,  and  the  salary  of  no  official  shall  be  increased  during 
his  term  of  office.  No  officer  named  in  this  section  shall 
receive  for  the  performance  of  any  official  duty,  any  fee  for 
his  own  use,  but  all  fees  fixed  by  law  for  the  performance  by 
any  officers  of  any  official  duty,  shall  be  collected  in  advance, 
and  deposited  with  the  State  Treasurer  quarterly  to  the  credit 
of  the  State.  No  officer  mentioned  in  this  section  shall  be 
eligible  to,  or  hold  any  other  public  office,  except  member  of 
State  Board  of  Education  during  his  term  of  office. 

ARTICLE  IX. 

Elective  Franchise. 

Section  10.  Women  shall  be  eligible  to  hold  the  office  of 
County  Superintendent  of  schools  or  any  school  district  office 
and  shall  have  the  right  to  vote  at  any  school  district  election. 

ARTICLE  X. 
State  Institutions. 

Section  i.  Educational,  reformatory  and  penal  institutions, 
and  those  for  the  benefit  of  the  insane,  'blind,  deaf  and  mute, 
soldiers'  home,  and  such  other  institutions  as  the  public  good 
may  require,  shall  be  established  and  supported  by  the  state  in 
such  a  manner  as  may  be  prescribed  by  law. 

ARTICLE  XL 

Education. 

Section  I.  It  shall  be  the  duty  of  the  Legislative  Assembly 
of  Montana  to  establish  and  maintain  a  general,  uniform  and 
thorough  system  of  public,  free  common  schools. 


10  GENERAL   SCHOOL    LAW 

Section  2.  The  public  school  fund  of  the  State  shall  consist 
of  the  proceeds  of  such  lands  as  have  heretofore  been  granted, 
or  may  hereafter  be  granted,  to  the  State  by  the  general  gov- 
ernment, known  as  school  lands ;  and  those  granted  in  lieu  of 
such  lands  acquired  by  gift  or  grant  from  any  person  or  cor- 
poration under  any  law  or  grant  of  the  general  government; 
and  of  all  other  grants  of  land  or  money  made  to  the  State 
from  the  general  government  for  general  education  purposes,  or 
where  no  other  special  purpose  is  indicated  in  such  grant ;  ail 
estate  or  distributive  shares  of  estates  that  may  escheat  to  the 
State;  all  unclaimed  shares  and  dividends  of  any  corporation 
incorporated  under  the  laws  of  the  State,  and  all  other  grants, 
gifts,  devises  or  bequests  made  to  the  State  for  general  educa- 
tional purposes. 

Section  3.  Such  public  school  fund  shall  forever  remain  in- 
violate, guaranteed  'by  the  State  against  loss  or  diversion,  to  be 
invested,  so  far  as  possible,  in  public  securities  within  the  State, 
including  school  district  bonds,  issued  for  the  erection  of  school 
buildings,  under  the  restrictions  to  be  provided  by  law. 

Section  4.  The  Governor,  Superintendent  of  Public  Instruc- 
tion, Secretary  of  State  and  Attorney  General  shall  constitute 
the  State  Board  of  Land  Commissioners,  which  shall  have  the 
direction,  control,  leasing  and  sale  of  the  school  lands  of  the 
State  and  the  lands  granted  or  which  may  hereafter  be  grante.i 
for  the  support  and  benefit  of  the  various  State  educational 
institutions,  under  such  regulations  and  restrictions  as  may  be 
prescribed  by  law. 

Section  5.  The  interest  on  all  invested  school  funds  of  the 
State,  and  all  rents  accruing  from  the  leasing  of  any  school 
lands,  shall  be  apportioned  to  the  several  school  districts  of  the 
State  in  proportion  to  the  number  of  children  and  youths  be- 
tween the  ages  of  six  and  twenty-one  years,  residing  therein 
respectively,  but  no  district  shall  be  entitled  to  such  distribu- 
tive share  that  does  not  maintain  a  free  public  school  for  at 
least  three  months  during  the  year  for  which  distributions  shall 
be  made. 

Section  6.  It  shall  be  the  duty  of  the  Legislative  Assembly 
to  provide  by  taxation,  or  otherwise,  sufficient  means  in  con- 
nection with  the  amount  received  from  the  general  school  fund, 
to  maintain  a  public,  free,  common  school  in  each  organized 
district  in  the  State,  for  at  least  three  months  in  each  year. 


STATE    OF    MONTANA.  11 

Section  7.  The  public  free  schools  of  the  state  shall  be  open 
to  all  children  and  youth  between  the  ages  of  six  and  twenty- 
one  years. 

Section  8.  Neither  the  Legislative  Assembly,  nor  any  county, 
city,  town,  or  school  district,  or  other  public  corporations, 
shall  ever  make  directly  or  indirectly,  any  appropriation,  or  pay 
from  any  public  fund  or  moneys  whatever,  or  make  any  grant 
of  lands  or  other  property  in  aid  of  any  church,  or  for  any 
sectarian  purpose,  or  to  aid  in  the  support  of  any  school, 
academy,  seminary,  college,  university  or  other  literary,  sci- 
entific institution  controlled  in  whole  or  in  part  by  any  church, 
sect  or  denomination  whatever. 

Section  9.  No  religious  or  partisan  test  of  qualification  shall 
ever  be  required  of  any  person  as  a  condition  of  admission  into 
any  public  educational  institution  of  the  State,  either  as  teacher 
or  student;  nor  shall  attendance  be  required  at  any  religious 
service  whatever,  nor  shall  any  sectarian  tenets  be  taught  in 
any  public  educational  institution  of  the  state ;  nor  shall  any 
person  be  debarred  admission  to  any  of  the  collegiate  depart- 
ments of  the  university  on  account  of  sex. 

Section  10.  The  Legislative  Assembly  shall  provide  that  all 
elections  for  school  district  officers  shall  be  separate  from  those 
elections  at  which  State  or  County  officers  are  voted  for. 

Section  n.  The  general  control  and  supervision  of  the  State 
University  and  the  various  other  State  educational  institutions 
shall  be  vested  in  a  State  Board  of  Education,  whose  powers 
and  duties  shall  be  prescribed  and  regulated  by  law.  The  said 
board  shall  consist  of  eleven  members,  the  Governor,  State 
Superintendent  of  Public  Instruction  and  Attorney  General, 
being  ex-officio,  the  other  eight  members  thereof,  shall  be 
appointed  by  the  Governor  subject  to  the  confirmation  of  the 
Senate,  under  the  regulation  and  restrictions  to  be  provided 
by  law. 

Section  12.  The  funds  of  the  State  University  and  of  all 
other  state  institutions  of  learning,  from  whatever  source  accru- 
ing, shall  forever  remain  inviolate  and  sacred  to  the  purpose  for 
which  they  were  dedicated.  The  various  funds  shall  be 
respectively  invested,  imder  such  regulations  as  may  be 
prescribed  by  law,  and  shall  be  guaranteed  by  the  State  against 
loss  or  diversion.  The  interest  of  said  invested  funds,  top'ethcr 

o 

with  the  rents  from  leased  lands  or  properties,  shall  be  devoted 


12  GENERAL   SCHOOL   LAW 

to  the  maintenance  and  perpetuation  of  these  respective  insti- 
tutions. 

ARTICLE  XIII. 
Public  Indebtedness. 

Section  6.  No  city,  town,  township  or  school  district  shall 
be  allowed  to  become  indebted  in  any  manner  or  for  any  purpose 
to  an  amount,  including  existing  indebtedness,  in  the  aggregate 
exceeding  three  per  centum  of  the  value  of  the  taxable  property 
therein,  to  be  ascertained  by  the  last  assessment  for  the  State 
and  County  taxes  previous  to  the  incurring  of  such  indebted- 
ness, and  all  bonds  or  obligations  in  excess  of  such  amount 
given  by,  or  on  behalf  of,  such  city,  town,  township  or  school 
district  shall  be  void  ;•  Provided,  however,  that  the  Legislative 
Assembly  may  extend  the  limit  mentioned  in  this  section,  by 
authorizing  municipal  corporations  to  submit  the  question  vo 
a  vote  of  the  taxpayers  affected  thereby,  when  such  increase 
is  necessary  to  construct  a  sewerage  system  or  to  procure  a 
supply  of  water  for  such  municipality  which  shall  own  and 
control  said  water  supply  and  devote  the  revenues  derived 
therefrom  to  the  payment  of  the  debt. 

ARTICLE  XVII. 

Public  Lands. 

Section  i.  All  lands  otf  the  State  that  have  been,  or  that 
may  hereafter  be  granted  to  the  State  by  Congress,  and  all 
lands  acquired  by  gift  or  grant,  or  devise,  from  any  person 
or  corporation,  shall  be  public  lands  of  the  State,  and  shall  be 
held  in  trust  for  the  people,  to  be  disposed  of  as  hereafter  pro- 
vided, for  the  respective  purposes  for  which  they  have  been 
or  may  be  granted,  donated  or  devised;  and  none  of  such  land, 
nor  any  estate  or  interest  therein,  shall  ever  be  disposed  of 
except  in  pursuance  of  general  laws  providing  for  such  dis- 
position, nor  unless  the  full  market  value  of  the  estate  or 
interest  disposed  of,  to  be  ascertained  in  such  a  manner  as  may 
be  provided  by  law,  be  paid  or  safely  secured  to  the  State ; 
nor  shall  any  lands  which  the  State  holds  by  grant  from  the 
United  States  (in  any  case  in  which  the  manner  of  disposal 
and  minimum  price  are  so  prescribed)  be  disposed  of,  except 
in  the  manner  and  for  at  least  the  price  prescribed  in  the  grant 
thereof,  without  the  consent  of  the  United  States.  Said  lands 
shall  be  classified  by  the  Board  of  Land  Commissioners,  as 


STATE    OF    MONTANA.  13 

follows:  First,  lands  which  are  valuable  only  for  grazing 
purposes.  Second,  those  which  are  principally  valuable  for  the 
timber  that  is  on  them.  Third,  agricultural  lands.  Fourth, 
lands  within  the  limits  of  any  town  or  city  or  within  three 
miles  of  such  limits ;  Provided,  That  any  of  said  lands  may 
be  re-classified  whenever,  by  reason  of  increased  facilities  for 
irrigation  or  otherwise,  they  shall  be  subject  to  different  classi- 
fication. 

Section  2.  The  lands  of  the  first  of  said  classes  may  be  sold 
or  leased,  under  such  rules  and  regulations  as  may  be  pre- 
scribed by  law.  The  lands  of  the  second  class  may  ;be  sold,  or 
the  timber  thereon  may  be  sold,  under  such  rules  and  regula- 
tions as  may  be  prescribed  by  law.  The  agricultural  lands 
may  be  either  sold  or  leased,  under  such  rules  and  regulations 
as  may  be  prescribed  by  law.  The  land  of  the  fourth  class  shall 
be  sold  in  alternate  lots  of  not  more  than  five  acres  each,  and 
not  more  than  one-half  of  any  one  tract  of  such  lands  shall  be 
sold  prior  to  the  year  of  one  thousand  nine  hundred  and  ten 
(1910). 

Section  3.  All  public  lands  may  be  disposed  of  in  such  man- 
ner as  may  be  provided  by  law. 


14  GENERAL  SCHOOL   LAW 

STATUTORY   PROVISIONS. 

TITLE  III. 
Education. 

Chapter      I.     State  Board  of  Education. 
Chapter    II.     State   University  cf  Montana. 
Chapter   III.     School  of  Mines  of  Montana. 
Chapter    IV.     Agricultural    College    of    Montana. 
Chapter     V.     State     Normal     School. 
Chapter    VI.     State    Text    Book    Commission. 
Chapter  VII.     Public    Schools. 

CHAPTER  I. 

State  Board  of  Education. 

Section  642.  Membership. 

Section  643.  Appointment    and    term. 

Section  644.  Oath. 

Section  645.  Officers. 

Section  646.  Quorum. 

Section  647.  Meetings. 

Section  649.  State   diplomas. 

Section  650.  Life    diplomas. 

Section  651.  Graduate   of    state    normal    school. 

Section  652.  Revocation    of    diploma. 

Section  653.  Expenses. 

Section  654.  Membership. 

Section  655.  Appointment  and  term. 

Section  656.  Oath. 

Section  657.  Officers. 

Section  658.  Quorum. 

Section  659.  Meetings. 

Section  660.  Powers    and    duties. 

Section  661.  State    diplomas. 

Section  662.  Life  diplomas. 

Section  663.  Graduate    of    state    normal    school. 

Section  664.  Revocation   of    diploma. 

Section  665.  Expenses. 

642.  (Sec  1510.)     Membership. — The  State  board  of  educa- 
tion   shall   consist   of   eleven    members,   of   which    number    the 
governor,     state     superintendent     of     public     instruction     and 
attorney  general   shall   be   ex-officio   members.     (Act   approved 
March    10,    1895). 

Hill-burn  v.   St.   P.   R.   Co.,   23   Mont.   243;    58   Pac.   556. 

643.  (Sec.    1511.)     Appointment    and    Term. — The    governor 
shall  appoint,  by  and  with  the  advice  and  consent  of  the  senate, 
the  remaining  eight  members  of  the  board.     The  persons  first 


STATE    OF    MONTANA.  15 

appointed  under  the  provisions  of  this  title  shall  hold  office  for 
the  following  terms :  Two  shall  be  appointed  for  the  term  of 
two  years  from  the  first  day  of  February,  1893 ;  two  for  the 
term  of  three  years,  from  the  first  day  of  February,  1893 ;  two 
for  the  term  of  four  years  from  the  first  day  of  February,  1893 ; 
and  two  for  the  term  of  five  years  from  the  first  day  of  Feb- 
ruary, 1893.  The  successors  shall  be  appointed  for  the  term 
of  four  years,  and  until  their  successors  are  appointed  and 
qualified.  (Act  approved  March  n,  1895). 

644.  (Sec.  1512.)     Oath. — The  persons  so  appointed  as  mem- 
bers of  the  state  board  of  education  shall  before  entering  upon 
the  duties  of  their  office,  take  and  subscribe  the  constitutional 
oath  of  office  prescribed  for  civil  officers,  which  shall  be  filed 
in  the  office  of  the  secretary  of  state.     (Act  approved   March 
n,   1895). 

645.  (Sec.  1513.)     Officers. — The  governor  shall  be  the  presi- 
dent of  said  board,  and  the  superintendent  of  public  instruction 
shall  be  the  secretary  thereof.     The  state  treasurer  shall  be  the 
treasurer  of  the  board.     (Act  approved  March   n,   1895). 

State  v.  Barret,  26  Mont.  66;  66  Pac.  506.  The  state  treasurer 
is  the  treasurer  of  the  state  board  of  education,  and  is 
liable,  upon  the  ord*er  of  the  board,  to  pay  out  the  income 
derived  from  the  rents  of  lands  granted  by  the  United 
States,  in  aid  of  the  state  agricultural  college. 

•  646.  (Sec.  1514.)  Quorum. — A  majority  of  said  board  shall 
constitute  a  quorum  for  the  transaction  of  business.  (Act  ap- 
proved March  n,  1895). 

647.  (Sec.  1515.)  Meetings. — The  board  shall  nolcl  semi- 
annual meetings  at  the  state  capitol  on  the  first  Monday  in 
June  and  December  in  each  year,  and  may  hold  special  meet- 
ings at  any  time  and  place  they  may  direct.  The  president 
and  secretary  of  the  board  may  also  call  special  meetings  of 
said  board  at  any  time  and  place,  if  in  their  judgment  the 
necessity  requires  it.  (Act  approved  March  n,  1895). 

649.  (Sec.  1517.)  State  Diplomas. — State  diplomas  shall  be 
issued  to  such  persons,  as  have  a  good  moral  character,  and 
who  have  held  for  one  year  and  still  hold  in  full  force  and  effect, 
a  first  grade  county  certificate  with  the  addition  of  English 
literature  and  mental  philosophy,  and  who  shall  furnish  satis- 
factory evidence  of  having-  been  successfully  engaged  in  teach- 
ing for  at  least  five  years.  The  term  "five  years"  shall  be  con- 
strued to  mean  five  years  of  not  less  than  seven  months  each ; 


16  GENERAL   SCHOOL   LAW 

that  is,  the  applicant  -must  have  taught  a  part  of  each  year 
far  five  years — not  necessarily  consecutive  years — and  in  all 
thirtyjfive  months,  of  which  at  least  twenty-one  months  must 
have  been  in  the  public  schools  of  Montana;  Provided,  That 
the  state  board  of  education  shall  have  the  power  to  add  such 
other  studies  to  those  enumerated  in  this  section  as  they  may 
deem  necessary.  (Act  approved  March  u,  1895). 

650.  (Sec.  1518.)     Life  diplomas  may  be  issued  upon  all  and 
the   same  conditions  as  state   diplomas,   except  that  the   appli- 
cant must  pass  a  satisfactory  examination  upon  the  rudiments 
of  'botany,    geology,    political    economy,    zoology    and    general 
history,  and  must  furnish  satisfactoiy  evidence  of  having  been 
successfully  engaged  in  teaching  for  at  least  ten  years.     ''Ten 
years"  shall  be  construed  to  mean  ten  years  of  not  less  than 
seven   months   each ;   that   is,   the   applicant   must   have   taught 
some   part   of   each   year   for   ten    years — not    necessarily    con- 
secutive years — and   in  all   seventy  months,   of  which   at  least 
twenty-one  months   must  have   been   in   the   public   schools   of 
Montana.     (Act  approved  March   n,   1895). 

651.  .(Sec.    1519.)     Graduate    of    State    Normal    School. — A 
state  or  life  diploma  may  be  granted   to  any  graduate  of  the 
state  iiormal  school  of  Montana,  or  of  the  state  university  of 
Montana,    when    the    said    graduate    furnishes    satisfactory    evi- 
dence of  having  successfully  taught,  after  graduation,  a  public 
school   in   this   state   for   sixteen   school   months.     State   or   life 
diplomas   may   be   granted   to    graduates   of   other    educational 
institutions     within     or    without     the     state,     upon     conditions; 
established   by   the   state   board   of   education.     (Act   approved 
March    n,    1895). 

652.  Revocation  of  Diplomas. — Any   State  or   Life   Diploma 
may  be  revoked  'by  the  state  superintendent  of  public  instruction 
for  incompetency  or  immoral  conduct  on  the  part  of  the  holder 
of  it,  or  for  any  cause  that  would   require  the   state  'board   of 
education  to  refuse  to  grant  it  if  known  at  the  time  the  diploma 
was  granted ;  but,  before  any  such  revocation,  the  holder  shall 
be  served  with  a  written  statement  of  the  charges  against  him, 
and   shall    have   an   opportunity    for    defense   before   said   state 
board    of    education.     The    state    superintendent    may    grant    a 
temporary  state  certificate,  at  any  time,  to  any  teacher  whose 
experience,  qualifications  and  credentials,  in  his  opinion,  entitle 
such  a   teacher  to   either  a   state   or  life   diploma    in    Montana. 


STATE    OF    MONTANA.  17 

Such  temporary  state  certificate,  however,  shall  be  good  and 
valid  in  any  county  in  the  state  only  until  the  next  regular 
meeting  of  the  state  board  of  education ;  provided,  however, 
that  the  holder  of  such  certificate  shall  have  it  duly  registered 
in  the  office  of  the  county  superintendent  of  schools  of  the 
county  in  which  he  is  employed  to  teach  before  he  begins  teach- 
ing, and,  provided,  also,  that  such  teacher  shall  pay  for  such 
registration,  the  sum  of  one  ($1.00)  dollar  into  the  institute 
fund  of  such  county.  (Act  approved  Fe'bruary  8,  1907).  (loth 
Sess.  Chap.  9). 

653.  (Sec.    1521.)     Expenses. — The   members   of   said   board 
shall  receive  no  compensation   for  their  services,   but  shall   be 
allowed   their  actual   traveling   expenses   incurred   in  'attending 
the   meetings   of  the  board,  which   expenses   and   all  other  ex- 
penses, on  the  certificate  of  the  secretary  of  the  board,  shall  be 
audited    and    approved    by    the    state    board    of   examiners,    and 
paid   by   warrant   of   the   state   auditor   on   the   state   treasurer. 
(Act  approved    March    n,    1895). 

654.  (Sec.   1522.)     Membership. — The  State  board  of  educa- 
tion shall  consist  of  eleven  members,  of  which  number  the  gov- 
ernor,  state  superintendent  of  public   instruction   and   attorney 
general  shall  be  ex-officio  members.     (Act  approved  March   i, 

1893). 

655.  (Sec.    1523.)     Appointment   and   Term. — The    governor 
shall  appoint  by  and  with  the  advice  and  consent  of  the  senate 
the  remaining  eight  members  of  said  board.     The  persons  first 
appointed    under    the    provisions    of    this    act,    shall    hold    their 
office  for  the  following  terms,  viz :     Two  shall  be  appointed  for 
the   term   of  two   years   from   the   first   day  of   February,    1893 ; 
two  for  the  term  of  three  years  from  the  first  day  of  Fe'bruary, 
1893;    two    for   the   term    of   four   years    from    the   first   day    of 
February,    1893;  and  two  for  the   term  of  five  years   from  the 
first  day  of  February,  1893.    Their  successors  shall  be  appointed 
for  the  term  of  four  years,   and   until  their  successors   are  ap- 
pointed  and   qualified.      (Act   approved    March    I,    1893). 

656.  (Sec.    1524.)       Oath. — The    persons    so    appointed    as 
members  of  the  state  board  of  education  shall,  before  entering 
upon  the  duties  of  their  office,  take  and  subscribe  the  consti- 
tutional oath  of  office  prescribed  for  civil  officers,  which  shall 
be  filed  in  the  office  of  the  secretary  of  state.      (Act  approved 
March  i,  1893). 


18  GENERAL,   SCHOOL    LAW 

657.  (Sec.    1525.)       Officers. — The    governor    shall   'be    the 
president  of  said  board,  and  the  state  superintendent  of  public 
instruction  shall  be  the  secretary  thereof.     The  state  treasurer 
shall  be  the  treasurer  of  the  board.     (Act  approved   March   I, 

1893). 

658.  (Sec.   1526.)     Quorum. — A   majority  of  the   said  board 
shall  constitute  a  quorum  for  the  transaction  of  business.   (Act 
approved  March   i,   1893). 

659.  (Sec.    1527.)     Meetings. — The    board    shall    hold    semi- 
annual  meetings   at  the   state   capitol  on   the   first   Monday  of 
June  and  December  in  each  year,  and  may  hold  special  meet- 
ings at  any  time  and  place  they  may  direct.     The  president  and 
secretary  of  the  board   may   also   call   meetings   of  said  'board 
at  any  time  and  place,  if  in  their  judgment  necessity  requires 
it.     (Act  approved  March  I,  1893). 

660.  (Sec.    1528).     Powers    and    Duties. — The    powers    and 
duties  of  said  board  shall  be  as  follows: 

1.  They  shall   have   the  general   control  and   supervision  of 
the   state    university   and   the   various    other   state    educational 
institutions. 

2.  To  adopt  rules  and  regulations  not  inconsistent  with  the 
constitution  or  laws  of  this  state  for  its  own  government,  and 
proper  and  necessary  for  the  due  execution  of  the  powers  and 
duties  conferred  upon  them  by  law. 

3.  To  prescribe  rules  and  regulations  for  the  government  of 
the  various  state  educational  institutions. 

4.  To  grant  diplomas  to  graduates  of  the  state  university 
and  other  state  educational  institutions,  upon  the  recommenda- 
tion of  the  faculties  thereof,  and  may  confer  honorary  degrees 
upon  persons  other  than  graduates,  upon   recommendations  of 
the  faculty  of  any  of  said  institutions. 

5.  To   adopt  and   use   in   the   authentication   of   its   acts   an 
official  seal. 

6.  To   grant   state   diplomas,   valid    for   six   years,    and    life 
diplomas. 

7.  To  keep  a  record  of  the  proceedings. 

8.  To  make  an  annual  report  on  or  before  the  first  day  of 
January,    which    shall   be    printed    under    the    direction    of   the 
board. 

9.  To  receive  from  the  state  board  of  land  commissioners  or 
other  boards,  or  persons,  or  from  the  government  of  the  United 


STATE    OF    MONTANA. 

States,  any  and  all  funds,  incomes  and  other  property  to  which 
any  of  the  said  institutions  may  'be  entitled  and  to  use  and 
appropriate  the  same  for  the  specific  purpose  of  the  grant  or 
donation,  and  none  other;  and  to  have  general  control  of  ail 
receipts  and  disbursements  of  any  of  said  institutions.  (Act 
approved  March  i,  1893). 

661.  (Sec.   1529.)     State  Diplomas. — State  diplomas  may  be 
issued  to  such  persons  only  as  have  a  good  moral  character  and 
who   have   held   for  one   year   and   still   hold   in   full   force  and 
effect   a    first   grade    county    certificate,    with    the    addition^  of 
English  literature  and  mental  philosophy  and  who  shall  furnish 
satisfactory   evidence   of   having   been   successfully   engaged   in 
teaching  for  at  least  five  years.     The  term   "five  years"  shall 
be   construed   to  mean,   for   five   years   of   not  less   than   seven 
months  each;  that  is  the  applicant  must  have  taught  a  part  of 
each  year   for  five  years — not   necessarily   consecutive   years — 
and    in    all    thirty-five    months,   of   which    at    least   twenty-one 
months  must  have  been  in  the  public  schools  of  Montana.     (Act 
approved  March  i,  1893). 

662.  (Sec.    1530.)     Life    Diplomas. — Life    diplomas    may    be 
issued  upon  all  and  the  same  conditions  as  state  diplomas,  ex- 
cept that   the  applicant   must   pass   a   satisfactory   examination 
upon    the    rudiments    of    botany,    geology,    political    economy, 
zoology,  and  general  history,  and  must  furnish  satisfactory  evi- 
dence of  having  been  successfully  engaged  in  teaching  for  at 
least   ten  years.     Ten   years   shall   be    construed   to   mean   ten 
years  of  not  less  than  seven  months  each ;  that  is,  the  appli- 
cant must  have  taught  some  part  of  each  year  for  ten  years 
— not  necessarily  consecutive  years — and  in  all  seventy  months, 
of  which  at  least   twenty-one   months  must  have   been   in   the 
public  schools  of  Montana.     (Act  approved  March  i,  1893). 

663.  (Sec.    1531.)     Graduate    of    State    Normal    School.— A 
state  or  life  diploma  may  be  granted  to  any  graduate  of  the 
state  normal  school  of  Montana  or  of  the  state  university  of 
Montana  when  the  said  graduate  furnishes  satisfactory  evidence 
of  having  successfully  taught,  after  graduation,  a  public  school 
in  this  state  for  sixteen  school  months.     State  or  life  diplomas 
may  also  be  granted   to   graduates  of  other   educational   insti- 
tutions within  or  without  the  state,  upon  conditions  established 
by   said   state   board    of    education.     (Act    approved    March    i, 
1893)- 


20  GENERAL,   SCHOOL    LAW 

664.  (Sec.  1532.)     Revocation  of  Diploma. — Any  state  or  life 
diploma  may  be  revoked  by  the  state  superintendent  for  incom- 
petency   or   immoral   conduct   but   before   any   such   revocation, 
the   holder   shall   be   served    with    a    written   statement   of   the 
charges  against  him,  and  shall  have  an  opportunity  for  defense 
before   said   state   board   of   education.     (Act   approved    March 
I,    1893). 

665.  (Sec.    1533.)     Expenses. — The   members   of   said    board 
shall   receive   no   compensation   for   their   services   but   shall   be 
allowed   their  actual   traveling   expenses   incurred   in   attending 
the   meetings  of  the   board,   which   expenses   and   all   other  iex- 
penses  on  the  certificate  of  the  secretary  of  the  board,  shall  be 
audited   and   approved    by   the   state   board   of   examiners,   and 
paid   by   warrant    of   the   state   auditor   on    the    state    treasurer. 
(Act  approved  March  I,  1893.) 


HOUSE   BILL  87. 

An  Act  relating  to  qualifications  of  teachers  and  the  granting 
of  teachers'  certificates  to  graduates  of  the  University  of* 
Montana. 

Be   It   Enacted   by   the   Legislative   Assembly   of   the    State   of 
Montana : 

Section  i.  Any  graduate  of  the  University  of  Montana 
shall,  on  the  registry  of  his  diploma  together  with  his  Uni- 
versity Certificate  of  Qualification  to  Teach,  in  the  office  of  the 
State  Superintendent  of  Public  Instruction,  be  entitled  to  teach 
in  the  high  schools  of  the  State  of  Montana  without  other  or 
further  examination,  for  the  term  of  five  years  after  such 
graduation,  and  every  such  graduate  shall,  on  furnishing  the 
State  Board  of  Education  satisfactory  evidence  of  having  suc- 
cessfully taught  in  high  schools  twenty-seven  months,  be  en- 
titled to  have  said  diploma  validated  as  a  life  diploma. 

Section  2.  The  rules  of  the  Faculty  of  the  University  of 
Montana  for  the  issuance  of  the  University  Certificate  of 
Qualification  to  Teach  shall  be  submitted  to  the  State  Board  of 
Education  for  its  sanction. 

Section  3.  All  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 

Section  4.  This  act  shall  be  in  full  force  and  effect  from? 
and  after  its  passage. 

Approved  Feby.  23,  1911. 


STATE    OF    MONTANA.  21 


SENATE  BILL  76. 
State    Board    of   Education. 

Duties    and    powers   of   state  board   of   education. 

General   contracts   of   state   institutions    enumerated. 

To   adopt   rules    and    regulations    for    state    educational    institutions. 

Text  books. 

Diplomas. 

Honorary  degrees. 

Seal. 

State    and    life    diplomas. 

Records. 

Annual    reports. 

Appoint    teachers    as    instructors    in    county    institutes. 

To  have  control  of  books,  records  and  property  of  colleges  and 
institutions  named. 

Appoint  the  president  and  faculty  of  various  state  institutions1. 

Proviso. 

May  confer  certain  powers  on  executive  board  of  each  state  insti- 
tution named  in  this  Act. 

Authority   conferred  on   president   and    faculty. 

Executive    boards    of    institutions,    how    appointed. 

Residence    of    executive    boards. 

Powers  of   executive   boards. 

Expenditures    and    contracts    limited    to    ?250. 

Vacancies    in    executive    board,    to    be    filled    how. 

Secretary  of  executive  board,  may  act  as  treasurer.  Not  to  be 
member  of  Board. 

Bond. 

Amount    of    bond. 

Treasurer  of  board  the  treasurer  of  the  institution. 

Meetings    of    executive    board. 

Statements   and    reports   and   contents   thereof. 

Statements  may  be  called  for  by  state  board  of  examiners  or 
state  board  of  education  at  any  time. 

Reports    shall    be    in    triplicate. 

Duties    of    chairman    and    secretary    of    executive    board. 

Matron    for    state   orphans'    home. 

Treasurer  of  executive  board  of  agricultural  college  has  authority 
to  receive  from  state  treasurer  certain  United  States  apportionments. 

How  United  States  apportionments   shall   be  expended. 

Treasurer  of  Agricultural  College,  when  to  make  detailed  state- 
ment. 

Statement  to  be  reported  to  secretary  cf  agriculture  and  secretary 
of  interior  of  United  States  and  duplicate  filed  with  state  board  of 
examiners. 

Other  detailed   statements. 

Term   of   office    of    members    of    executive    boards. 


22  GENERAL,   SCHOOL   LAW 

Proviso. 

Oath  of  office. 

Compensation. 

Expenses. 

Termination  of  term  of  office  of  executive  boards,  commissioners, 
trustees  and  directors  hitherto  appointed. 

State  board  of  examiners  shall  have  supervision  and  control  of  all 
moneys  appropriated  or  received,  excepting  those  received  from  the 
United  States. 

Other  powers  and  duties'  of  state  board  of  examiners. 

Donations,  grants   and  gifts,  how   made. 

Revised    Codes   of   1907.     Sections    repealed. 

An  Act  relating  to  the 'government,  management,  control  and 
finances  of  the  University  of  Montana,  Montana  State  Normal 
School,  Agricultural  College  of  Montana,  State  Orphans' 
Home,  Montana  State  School  of  Mines,  Montana  School  for  the 
Deaf  and  Blind,  and  State  Reform  School,  and  to  repeal  Sec- 
tions 648,  672,  692,  693,  694,  695,  699,  700,  701,  703,  704,  707, 
708,  735,  736,  737,  77*6,  1158,  n59»  Il6o>  Il63>  "65,  1251,  1252, 
1253,  1254,  1255,  1256,  1257,  1258,  1262,  1263,  and  1264,  of  the 
Revised  Codes  of  Montana  of  1907. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

Section  i.  The  state  board  of  education,  as  now  created  by 
law  shall  have  power  and  it  shall  be  its  duty: 

1.  To  have  the  general  control  and  supervision  of  the  uni- 
versity of  Montana,   Montana   State  Normal   College,   Agricul- 
tural   College    of    Montana,    State    Orphans'    Home,    Montana 
State    School    of    Mines,    Montana    School    for    the    Deaf    and 
Blind,  and  State  Reform  School. 

2.  To  adopt  rules  and  regulations,  not  inconsistent  with  the 
constitution  arid  the  laws  of  this  state,  for  its  own  government 
and  proper  and  necessary  for  the  execution  of  the  powers  and 
duties  conferred  upon  it  by  law. 

3.  To  provide,   subject  to  the  laws   of  the  state,   rules   and 
regulations  for  the  government  of  the  affairs  of  the  state  edu- 
cational   institutions    named    in    this    section. 

4.  To   recommend   to   the   legislature   a   uniform   system    of 
text-books  to  be  used  in  the  public  schools  of  this  state. 

5.  To  grant  diplomas  to  the  graduates   of  all   state   educa- 
tional institutions,  where  diplomas  are  authorized  or  now  grant- 
ed, upon  the  recommendation  of  the  faculties  thereof,  and  may 
confer  honorary   degrees   upon   persons,   other   than   graduates, 


STATE    OF    MONTANA.  23 

upon   the   recommendation  of  the  faculty  of  such   institutions. 

6.  To  adopt   and   use,   in   the   authentication  of  its   acts   an 
official  seal. 

7.  To  grant  state  diplomas  valid  for  six  years,  and  to  gra'it 
life    diplomas. 

8.  To  keep  a  record  of  its  proceedings. 

9.  To  make  an  annual  report  on  or  before  the  first  day  of 
January  in  each  year,  which  may  be  printed  under  the  direc- 
tions of  the  state  board  of  examiners. 

10.  To  appoint  and  commission  experienced  teachers  as   in 
structors  in  county  institutes. 

11.  To  have,  when  not  otherwise  provided  by  law,  contrDl 
of  all  books,  records,  buildings,  grounds  and  other  property  of 
the  institutions  and  colleges  named  in  this  section. 

12.  To  choose  and  appoint  a  president  and  faculty  for  each 
of  the  various  state  institutions  named  herein,  and  to  fix  their 
compensation;  provided,  that  the  person  selected  and  now  act- 
ing as  the  head  of  any  of  said  institutions,  and  performing  the 
duties    of   the    presiding    offcer    or    college    president,    whether 
designated    as    president,    superintendent,    director,    or   by    any 
other  title  or  designation,  shall  hereafter  be  known  and  desig- 
nated as  president  of  such  institution,   and  such   president,   as 
well  as  the  faculty  of  said   institution,  shall   continue   to   hold 
their   respective   positions    in   accordance    with    the    terms    and 
conditions  of  their   election  or  appointment. 

13.  To  confer  upon  the  executive  board  of  each  of  said  insti- 
tutions  such   authority   relative   to   the   immediate   control   and 
management,    other    than    financial,    and    the    selection    of    the 
faculty,  teachers  and  employees  as  may  be  deemed  expedient  and 
may  confer  upon  the  president  and  faculty  such  authority  relative 
to  the  immediate  control  and  management,  other  than  financial 
and  the  selection   of  teachers  and   employees   as   may   by   said 
board  be  deemed  for  the  best  interest  of  said  institution. 

Section  2.  There  shall  be  an  executive  board,  consisting  of 
three  members,  for  each  of  said  institutions,  two  of  whom  shall 
be  appointed  by  the  governor,  by  and  with  the  advice  and  con- 
sent of  the  state  board  of  education,  and  the  president  of  such 
institution  shall  be  ex-officio  member  of  said  board  and  shall  be 
the  chairman  thereof.  At  least  two  of  said  members  shall  re- 
side in  the  county  where  such  institution  is  located.  Said  exec- 
utive board  shall  have  such  immediate  direction  and  control, 


24  GENERAL    SCHOOL    LAW 

other  than  financial,  of  the  affairs  of  such  institution  as  may  be 
conferred  on  such  board  by  the  state  board  of  education,  sub- 
ject, always,  to  the  supervision  and  control  of  said  state  board.- 

Said  executive  boards  shall  also  have  and  exercise  power  and 
authority  in  contracting  current  expenses  -and  in  auditing,  pay- 
ing and  reporting  bills  for  salaries,  or  other  expenses  incurred 
in  connection  with  such  institutions,  provided,  the  board  of  ex- 
aminers may  not  limit  the  power  of  the  executive  board  in  mak- 
ing expenditures  or  contracts  which  in  no  single  instance  or  for 
any  single  purpose  does  not  exceed  two  hundred  and  fifty  dol- 
lars. All  vacancies  occurring  in  the  membership  of  any  of  said 
executive  boards  shall  be  filled  by  appointment  by  the  governor^ 
which  appointments  shall  be  referred  to  the  state  board  of  edu- 
cation at  its  first  meeting  thereafter  for  confirmation. 

Section  3.  The  executive  board  of  each  of  the  institutions 
named  in  section  one  of  this  act  shall  appoint  a  secretary  of 
said  board,  who  may  also  act  as  treasurer  of  said  board,  and 
who  may  or  may  not  be  a  member  of  said  executive  board,  and 
such  secretary  and  treasurer  shall  give  bond  with  good  and 
sufficient  surety,  for  the  faithful  performance  of  his  duties  as 
such,  and  for  the  faithful  accounting  for  and  paying  over  to, 
and  for  the  use  of,  said  college  all  moneys  received  by  him  as 
treasurer.  Said  bond  shall  run  to  the  state  of  Montana  aii'L 
shall  be  in  such  sum  as  may  be  designated  by  the  state  board 
of  examiners,  and  when  executed  shall  be  approved  by  said 
state  board  of  examiners. 

Section  4.  The  treasurer  of  each  executive  board  shall  be 
the  treasurer  of  the  institution. 

Section  5.  The  executive  board  of  each  of  said  institutions 
shall  meet  in  regular  session  at  least  once  in  each  quarter,  and 
monthly,  or  oftener,  if  the  business  of  such  institution  requires 
it. 

Section  6.  Each  of  such  executive  boards  shall  on  or  before 
the  first  Monday  in  June  of  each  year  make  a  detailed  state  • 
ment  and  report  of  all  its  transactions  and  of  the  condition  of 
the  institution,  including  the  number  of  teachers,  professors, 
and  employes,  with  the  salary  or  wages  paid  to  each  and  a 
detailed  statement  of  all  expenses  and  disbursements  of  such 
institution,  which  report  shall  contain  such  other  information 
or  recommendations  as  may  be  required  by  the  state  board  of 
examiners,  or  bv  the  state  board  of  examiners  and  the  state 


STATE    OF    MONTANA.  25 

board  of  education,  and  the  state  board  of  examiners  or  the 
state  board  of  education  shall  have  authority  to  call  for  a 
report  and  statement  from  such  executive  boards  at  any  time 
such  board  may  deem  it  advisable.  All  such  reports  by  such 
executive  boards  shall  be  made  in  triplicate,  one  copy  shall  be 
retained  by  such  board,  one  copy  shall  be  filed  with  the  state 
board  of  examiners  and  one  copy  with  the  state  board  of  edu- 
cation. 

Section  7.  The  duties  of  the  chairman  and  secretaries  of  eacti 
of  said  executive  boards  shall  be  that  usually  performed  by  such 
officers,  or  which  may  be  designated  by  the  state  board  of  edu- 
cation or  the  state  board  of  examiners. 

Section  8.  The  state  board  of  education  shall  have  authority 
to  employ,  or  to  authorize  the  employment,  of  a  matron  for  the 
state  orphans'  home. 

Section  9.  The  treasurer  of  the  executive  board  of  the  agri- 
cultural college  of  Montana  shall  have  the  authority  to  receive 
from  the  treasurer  of  the  state  o«f  Montana  the  cash  appropria- 
tion received  from  the  United  States  by  authority  of  the  act  of 
congress  of  August  30,  1890,  (26  Statutes  at  Large,  page  417), 
known  as  the  second  Morrill  Act,  and  the  act  of  congress  of 
March  4,  1907,  (Statutes  at  Large,  page  1281),  known  as  the 
Nelson  Amendment.  And  such  cash  appropriation  shall  be 
expended  by  the  executive  board  of  said  agricultural  college, 
under  the  general  ^supervision  of  the  state  board  of  education, 
but  only  for  the  purpose  for  which  the  same  is  appropriated  by 
congress. 

The  treasurer  o>f  said  executive  board  of  said  agricultural  col- 
lege shall  also  have  the  authority  to  receive  all  moneys  appro- 
priated by  the  act  of  congress  of  March  16,  1906  (34  Statutes  at 
Large,  page  63),  entitled,  "An  Act  to  provide  for  and  increase 
the  annual  appropriation  for  agricultural  experiment  stations, 
and  regulating  the  expenditure  thereof,  and  such  money  shall  be 
expended  by  said  executive  board  under  the  supervision  and 
direction  and  control  of  the  state  board  of  education  in  the  man- 
ner and  for  the  purpose  designated  in  said  act  of  congress,  and 
as  required  by  section  741  of  the  Revised  Codes  of  Montana  of 
1907.  The  treasurer  of  the  agricultural  college  of  Montana 
shall,  on  or  before  the  first  day  of  September  of  each  year, 
make  a  detailed  statement  of  the  amounts  received  and  dis- 
bursed under  the  provisions  of  the  act  of  congress  of  August 


26  GENERAL   SCHOOL   LAW 

30,  1890,  and  of  March  4,  1907,  and  shall  report  the  same  to 
the  secretary  of  agriculture  of  the  United  States  and  to  the 
secretary  of  the  interior  of  the  United  States,  as  required  by 
said  acts  of  congress,  and  shall  file  a  duplicate  thereof  with  the 
state: 'board  of  examiners  of  the  state  of  Montana  on  or  before 
the  ioth  day  of  September  of  each  year.  Said  treasurer  shall 
also  make  a  detailed  statement  of  the  amounts  of  money  re- 
ceived and  disbursed  under  the  act  of  congress  of  March  16, 
1906,  which  report  shall  be  filed  with  the  state  board  of  exam- 
iners on  or  before  the  ioth  day  of  September  of  each  year,  and 
shall  also  make  such  reports  to  the  officers  or  departments  of 
the  United  States  as  are  now  or  may  hereafter  be  required  by 
the  laws  of  the  United  States. 

Section  10.  The  ex-officio  member  of  each  of  said  executive 
boards  shall  hold  his  office  during  his  continuance  as  president 
of  such  institution,  and  the  two  members  appointed  by  the  gov- 
ernor shall  hold  office  for  the  term  of  four  years  from  and  after 
the  third  Monday  in  April,  1909,  unless  sooner  removed  by  the 
governor  or  by  the  state  board  of  education ;  provided,  that  of 
the  members  of  the  executive  board  first  appointed  under  the 
provisions  of  this  act,  one  shall  be  appointed  for  the  term  of 
two  years  and  one  for  the  term  of  four  years.  Such  members 
shall  qualify  by  taking  and  filing  their  oath  of  office  with  the 
state  board  of  education. 

Section  n.  The  members  of  each  of  the  executive  boards, 
except  the  chairman,  shall  receive  such  compensation  for  their 
services  as  shall  be  fixed  by  the  state  board  of  education,  not 
exceeding  the  sum  of  five  dollars  for  each  day  actually  spent 
in  the  discharge  of  their  official  duties,  and  not  exceeding  the 
sum  of  one  hundred  and  twenty-five  dollars  in  any  one  year 
for  each  member,  and  such  members  shall  also  be  reimbursed 
from  the  amount  appropriated  by  the  legislature  for  the  main- 
tenance and  support  of  such  institutions  all  expenses  necessarily 
incurred  by  them  in  discharge  of  their  official  duties  as  mem- 
'bers  of  said  boards. 

Section  12.  That  the  term  of  office  of  all  trustees,  directors, 
or  members  of  any  executive  board  or  commission  of  any  of 
the  institutions  named  in  this  act,  heretofore  appointed,  elected 
or  serving  as  such  trustees,  directors  or  member  of  such  exec- 
utive boards  or  commissions,  shall  terminate  upon  the  appoint- 
ment and  qualification  of  the  members  of  the  executive  boards 


STATE    OF    MONTANA.  27 

created  by  this  act,  and  such  boards  created  hereby  shall  have 
only  such  power  and  authority  as  is  given  under  the  provisions 
of  this  Act. 

Section  13.  The  state  board  of  examiners  of  the  state  of 
Montana  shall  have  supervision  and  control  of  all  expenditures 
of  all  moneys  appropriated  or  received  for  the  use  of  said  col- 
leges from  any  and  all  sources,  other  than  that  received  under 
and  by  virtue  of  the  acts  of  congress  hereinbefore  referred  to, 
and  said  state  board  of  examiners  shall  let  all  contracts,  approve 
all  bonds  for  any  and  all  buildings  or  improvements,  and  shall 
audit  all  claims  to  be  paid  from  any  moneys,  other  than  that 
received  under  and  by  virtue  of  the  acts  of  congress  herein 
referred  to,  but  said  state  board  of  examiners  shall  have  auth- 
ority to  confer  upon  the  executive  boards  of  'Such  institutions 
such  power  and  authority  in  contracting  current  expenses  and 
in  auditing,  paying  and  reporting  bills  for  salaries  or  other 
expenses  incurred  in  connection  with  said  institution  as  may 
be. deemed  'by  said  state  board  of  examiners  to  be  to  the  best 
interests  of  said  institutions. 

Set  ion  14.  All  donations,  grants,  gifts  or  devises  made  to 
any  of  the  institutions  named  herein  shall  be  made  to  such  in- 
stitution in  its  legal  name,  and  if  made  to  any  officer  or  boards 
of  such  institution  the  same  shall  be  immediately  transferred 
by  such  board  or  officer  to  such  institution. 

Section  15.  That  sections  648,  672,  692,  693,  694,  695,  699, 
700,  701,  703,  704,  707,  708,  735,  736,  737,  776,  1158,  1159,  1160, 
1163,  1165,  1251,  1252,  1253,  1254,  1255,  1256,  1257,  1258,  1262, 
1263,  and  1264,  of  the  Revised  Codes  of  Montana  of  1907,  and 
all  acts  and  parts  of  acts  in  conflict  with  this  act  be,  and  the 
same  are,  hereby  repealed. 

Section  16.  This  act  shall  take  effect  and  be  in  full  force 
from  and  after  the  I5th  day  of  April,  1909. 

.Approved   March  4,    1909. 


28  GENERAL   SCHOOL    LAW 

CHAPTER    II. 
University   of   Montana. 

Section  666.  University    of    Montana    established. 

Section  667.  Control    and    supervision    of    same. 

Section  668.  No  person  to  use  the  name  of  the  university  of  Mon- 
tana. 

Section  669.  The    university    of    Montana    established. 

Section  670.  Government.     Officers. 

Section  671.  Duty    of    s>tate    board    of    education. 

Section  673.  Officers    of    university.     Report. 

Section  674.  Objects    of    university. 

Section  675.  Course   of   study. 

Section  676.  Qualifications    of    students.     Military    instruction. 

Section  677.  Charges    for    tuition. 

Section  678.  Endowed    professorships. 

Section  679.  Appropriations    for    support    of    university. 

Section  680.  Selection   of    site. 

Section  681.  State   university    bonds. 

Section  682.  Sale    of    bonds. 

Section  683.  Funds    pledged    as    security. 

Section  684.  Disposition    of    proceeds    of    lands. 

Sec-tion  685.  Notice   of   sale  of   bonds. 

Section  686.  Use    of    proceeds    of    bonds. 

Section  687.  University    building    commission. 

Section  688.  State   not   liable   on    bonds. 

666.  (Sec.  1540.)      University  of  Montana  Established. — The 

university  of  Montana  is  established  and  located  at  Missoul«,r 
and  has  for  its  object,  instruction  and  education  in  all  the  de- 
partments of  science,  literature,  art,  industrial  and  professional 
pursuits. 

667.  (Sec.    1541.)      Control   and   Supervision   of   Same. — The 
control  and  supervision  of  the  state  university  is  vested  in  the 
state  board  of  education,  which  must  appoint  a  president   and 
faculty,    and    other    necessary    officers,    agents,    employes,    pre- 
scribe  their  powers   and   duties,  and   establish   for   the   govern- 
ment of  the  university,  and   for   the   instruction   given   therein, 
such  rules  not  inconsistent  with  the  laws  of  the  state,  as  may 
be  necessary. 

668.  (Sec.   1542).     No  Person  to  Use  the  Name  of  the  Uni- 
versity of  Montana. — The  state  has  exclusive  right  to  the  use 
of  the  name  "University  of  Montana,"  and  no  other  institution 
of  learning,  or  corporation,  must  use  the  name  of  "University 
of  Montana,"  or  "Montana  University/'  or  like  name,  and   the 
attorney  general  is  required  to  bring  an  action  in  the  name  of 


STATE    OF    MONTANA.  29 

the  state  against  any  person,  association  or  corporation  using 
such  of  like  name,  for  the  purpose  of  dissolving  the  corpora- 
tion, and  recovering  a  sum  not  exceeding  five  hundred  dollars, 
nor  less  than  one  hundred  dollars,  which  is  hereby  made  the 
penalty  for  the  violation  of  the  provisions  of  this  section,  from 
the  person  or  association  using  such  name. 

669.  (Sec.   1543.)     The   University  of  Montana  Established. 
—There    is    hereby    established    in    this    state,    at    the    city    of 

Missoula,  an  institution  of  learning  under  the  name  and  style 
of  ''The  University  of  Montana."  (Act  approved  Feb.  17,  1893). 

670.  (Sec.   1544.)     Government.     Officers. — The  government 
of  the  university  shall  be  vested   in  the  state  board  of  educa- 
tion.    The   manner  of  their  appointment,   their  powers,   duties, 
compensation  and  terms  of  office  shall  be  as  prescribed  by  law. 
The  state  treasurer  shall   be   the   treasurer  of   said   board,   and 
perform   all  the   duties  of  -such  office,   subject   to   such   regula- 
tions as  the  state  board  may  adopt,  not  inconsistent  with  his 
official  duties ;  and  he  and  his  sureties  shall  be   liable  on   his 
official  bond  as  state  treasurer  for  the  faithful  discharge  of  such 
duties.     (Act  approved  Feb.  17,   1893). 

671.  (Sec.   1545.)      Duty  of  State  Board  of  Education. — The 
state  board  of  education  shall  have  power,  ajnd  it  shall  be  their 
duty  to  enact  by-laws  for  the  government  of  the  university  in 
all  its  departments ;  to  elect  a  president  of  the  university  and  in 
their   discretion   a   vice-president,   and   the   requisite   number  of 
professors,    instructors,    officers    and    employes,    and    fix    their 
salaries   and    terms   of   each    to   determine    the   moral   and   edu- 
cational qualifications  of  applicants  for  admission  to  the  various 
courses  of  instruction  ;   but   no   sectarian  or  partisan   test   shall 
ever  be  allowed  or  exercised  in  the  appointment  of  professors, 
instructors,  officers  or   employees   of   the   university,  or   in   the 
admission   of   students    thereto,   or    for   any    purpose    whatever. 
No    instruction,    either    sectarian    or    religious    or    partisan    in 
politics,   shall   ever  be   allowed   in   any   department  in   the   uni- 
versity.    The    state    board    of    education    shall    have    power    to 
regulate  the  course  of  instruction  and  prescribe  the  text  books 
and  authorities  to  be  used  in  all  the  departments,  and  may  con- 
fer such  degrees,  and  grant  such  diplomas  as  are  'usual  in  uni- 
versities;    and      may     confer     the      usual      honorary      degrees 
upon      other      persons      than      graduates      of      the      university 
in   recognition   of    their    learning,     or     devotion     to     literature. 


30  GENERAL   SCHOOL   LAW 

art  or  science,  as  may  be  recommended  by  the  faculty  of  the 
university.  (Act  approved- Feb.  17,  1893). 

Section  673.  Offiicers  of  the  University.  Report. — 
The  President  of  the  University  shall  be  the  Presi- 
dent of  the  general  faculty,  and  of  the  special  faculties  of 
the  several  departments  or  colleges  and  the  executive  head 
of  the  institution  in  all  its  departments.  As  such  officer  he 
shall  have  authority  subject  to  the  State  Board  of  Education 
to  give  general  direction  to  the  instruction  of  practical  affairs, 
and  scientific  investigations  of  the  several  colleges,  and  as  long 
as  the  interests  of  the  institution  requires  it,  he  shall  be  charged 
with  the  duties  of  one  of  the  professorships.  He  shall  perform 
the  duties  of  the  corresponding  secretary  for  the  University. 
He  shall,  annually,  on  or  'before  the  fifteenth  -day  of  June  in 
each  year,  make  a  report  to  the  State  Board  of  Education, 
showing  in  detail  the  progress  and  condition  of  the  University 
during  the  previous  year,  the  number  of  professors  and  stu- 
dents in  the  several  departments  and  classes,  the  nature  and 
results  of  all  important  experiments  and  investigations  and 
such  other  matters,  relating  to  the  proper  government,  and 
educational  work  of  the  institution  as  he  shall  deem  useful.  It 
shall  also  be  the  d.uty  of  said  president  to  furnish  any  special 
report  when  required  to  do  so  by  the  State  Board  of  Education 
or  by  the  Legislature. 

Approved    Feb.    23,    1911. 

674.  (Sec.    1584.)     Objects    of    University. — The    object    of 
the  university  of  Montana  shall  be  to  provide  the  best  and  most 
efficient  manner  of  imparting  to  young  men   and   women,   on 
equal  terms,  a  liberal  education  and  thorough  knowledge  of  the 
different  'branches  of  literature,  science  and  arts,  with  the  varied 
applications,  and  to  this  end  there  shall  be  established  the  fol- 
lowing colleges  or  departments,  to-wit: 

1.  A  preparatory  department. 

2.  A  department  of  literature,  science  and  the  arts. 

3.  Such    professional    and    technical    colleges    as    may    from 
time  to  time,  be  added  thereto  or  connected  therewith.       The 
preparatory  department  may  be   dispensed   with,   at   such   rate 
and   in   such   wise  as   may  seem   just  and   proper   to   the   state 
board  of  education.     (Act  approved  Feb.  17,  1893). 

675.  (Sec.  1549.)     Course  of  Study. — Such  duties  or  courses 
of  instruction  shall  be  pursued  in  the  preparatory  department  as 


STATE    OF    MONTANA.  31 

shall  best  prepare  the  student  to  enter  any  of  the  regular  col- 
leges or  departments  of  the  university.  The  college  or  depart- 
ment of  literature,  science  and  the  arts  shall  embrace  courses  of 
instruction  in  mathematical,  physical  and  natural  sciences,  with 
their  application  to  the  industrial  arts;  a  liberal  course  of  in- 
struction in  the  languages,  literature,  history  and  philosophy, 
and  such  other  branches  as  the  state  board  of  education  may 
prescribe.  And,  as  soon  as  the  income  of  the  university  will 
allow,  and  in  such  order  as  the  demands  of  the  public  seem  tj 
require,  the  said  courses  of  instruction  in  the  sciences,  literature 
and  the  arts  shall  be  expanded  into  distinct  colleges  or  depart- 
ments of  the  university,  each  with  his  own  faculty  and  appro- 
priate title.  (Act  approved  Feb.  17,  1893). 

676.  (Sec.  1550.)  Qualifications  of  Students.  Military  In- 
structions.— The  university  shall  be  open  to  students  of::both 
sexes,  under  such  regulations  and  restrictions  as  the  state 
board  of  education  may  deem  proper.  All  able-bodied  male 
students  of  the  university  may  receive  instruction  and  discipline 
in  military  tactics,  the  requisite  arms  of  which  shall  be  fur- 
nished by  the  state.  (Act  approved  Feb.  17,  1893). 

667.  (Sec.  1551.)  Charges  for  Tuition. — Tuition  shall  ever 
be  free  to  all  students  who  shall  have  been  residents  of  the  state 
for  one  year  next  preceding  their  admission,  except  in  the  law 
and  medical  departments,  and  for  extra  studies.  The  state 
board  of  education  may  prescribe  rates  for  tuition  for  any-  stu- 
dent in  the  law  or  medical  departments,  or  who  shall  not  have 
been  a  resident  aforesaid,  and  for  teaching  such  studies.  .(Act 
approved  Feb.  17,  1893). 

678.  (Sec.     1552.)     Endowed    Professorships. — Any     person 
contributing  a  sum  not  less  than  fifteen  thousand  dollars  shall 
have  the  privilege  of  endowing  a  professorship  in  the  university 
or  any  department  thereof,  the  name  and  object  of  which  shall 
be  designated  by  the  state  board  of  education.     (Act  approved 
Feb.  17,  1893). 

679.  (Sec.  1553.)     Appropriations  for  Support  of  University. 
—For  the   support   and   endowment   of  the   university   there   is 

annually  and  perpetually  appropriated: 

1.  The  university  fund  income,  and  all  other  sums  of  money 
appropriated  by  law  to  the  university  fund  income. 

2.  All  tuition   and   matriculation   fees.  • 


32  GENERAL    SCHOOL    LAW 

3.  All  such  contributions  as  may  be  derived  from  the  public 
or  private  bounty. 

The  entire  income  of  all  such  funds  shall  be  placed  at  the  dis- 
posal of  the  state  board  of  education,  by  transfer  to  the  treas- 
urer of  said  board  and  to  be  kept  separate  and  distinct  from  the 
accounts  of  the  state,  and  all  other  furids,  and  to  be  used  solely 
for  the  support  of  the  aforesaid  colleges  and  departments  of  the 
university  or  connection  therewith.  But  all  means  derived  from 
other  public  or  private  bounty  shall  be  exclusively  de-voted  co 
the  specific  objects  for  which  they  shall  have  been  designated 
by  the  donor.  (Act  approved  Feb.  17,  1893). 

680.  (Sec.    1554.)      Selection   of   Site. — It   shall    be    the    duty 
of   the   state   board  of  education   within   ninety   days    from   the 
date  of  the   passage  of  this   act   if  then   organized,   but   if   not 
organized  then  within  ninety  days  from  the  organization  of  the 
said   board,   to   select   the   site   for   the   definite   and    permanent 
location    of    said    university    of    Montana,    which    site    shall    be 
within  three  miles  of  the  city  limits  of  the  city  of  Missoula;  and 
they  shall,  at  once,  take  steps  or  proceedings  for  procuring  the 
title  to  the  tract  or  tracts  of  land  so  selected  by  them,  and  they 
may,  and  are  hereby  empowered  to  enter  into  contracts,  in  the 
name  of  the  State  of  Montana  for  the  purchase  of  said  tract  cr 
tracts  of  land  so  selected,  and  may  execute  such  obligations  for 
the   payment   of   the   same   as   will   mature   when   the    probable 
income  of  the  university  fund  will  pay  for  the  same.     The  state 
board   of   education   are   hereby   authorized   and    empowered    to 
accept,  in  the  name  of  the  State  of  Montana,  such  gifts  of  land 
and  moneys  as  may  be  tendered  for  a  university  site  or  to  aid 
in  the  purchase  of  said  site ;  and  they  shall  take  the  proper  and 
necessary   conveyances   of   said    tract   or   tracts   of   land    in    the 
name    of    the    state ;    Provided,    That    if    such    gifts    consist    of 
money  only  or  money  and  land,  and  the  land  be  not  sufficient 
in  amount  or  not  appropriate   for  a   university  site,   then   they 
shall   appropriate   such   gifts   to  the   payment  of  said   site,   and 
if  there  be  a  surplus  the  same  to  become  a  part  of  the  university 
ftind ;  Provided,  That  said  tract  of  land  shall  not  be  less  than 
forty  acres  in  extent.     (Act  approved   Feb.    1,7,    1893). 

681.  State  University  Bonds. — The  state  board  of  land  com- 
mis'skmers   of   the    State    of    Montana    is    hereby    authorized    to 
issue   bonds   to   the    amount   of  one    hundred    thousand    dollars 
($100,000),  the   minimum   denomination  of  which   shall   be  fifty 


STATE    OF    MONTANA.  33 

dollars  ($50.00)  and  the  maximum  shall  be  one  thousand  dol- 
lars ($1,000.00)  each ;  said  bonds  to  be  known  as  the  state 
university  bonds,  which  shall  bear  date  of  July  i,  1897,  to  be- 
come due  thirty  (30)  years  after  date  and  payable  after  twenty 
(20)  years  after  date  thereof;  said  bonds  shall  bear  interest  at 
the  rate  of  not  more  than  six  (6)  per  cent  per  annum  payab1e 
semi-annually  on  the  first  day  o<f  January  and  July  of  each  year 
at  the  office  of  the  state  treasurer  of  the  State  of  Montana; 
said  bonds  shall  run  from  the  state  board  of  land  commis- 
sioners of  the  State  of  Montana  to  bearer,  and  shall  be  signed 
by  the  state  board  of  land  commissioners  and  countersigned 
by  the  secretary  of  state,  who  shall  attach  his  seal  thereto. 
(Act  approved  March  4th,  1897,  Sec.  i).  (5th  Ses.  58-9). 

State  v.  Collins,  21  Mont.  148;  53  Pac.  1114.  A  warrant  drawn 
by  the  land  commissioners  in  favor  of  a  contractor  could 
not  be  passed  on  by  the  state  board  of  examiners;  the 
university  bond  fund  is  a  trust  fund,  different  from  one 
arising  from  taxation,  and  not  a  fund  over  which  said 
board  has  control. 

682.  Sale   of   Bonds. — The   bonds   provided    for   in    the   first 
section  of  this  Act  shall  be  issued  and  sold  as  soon  as  possible 
after  the  passage  of  this  Act.     (Act  approved  March  4th,  1897, 
Sec.  2).     (5th  Ses.  59). 

683.  Funds   Pledged   as   Security. — All    funds   realized    from 
the  sales  of  licenses  to  cut  trees,  leasing  of  said  lands,  or  from 
the  profits  arising  from  the  permanent  fund  to  be  created,  as 
provided   for   by   section    14   of   an    act   of   congress,    approved 
February  22,  1889,  entitled  "An  Act  to  provide  for  the  division 
of  Dakota,  into  two  states,  and  to  enable  the  people  of  North 
Dakota,  South  Dakota,  Montana  and  Washington  to  form  con- 
stitutions and  state  governments,  and  to  be  admitted  into  the 
Union  on  an  equal  footing  with  the  original  states  and  to  make 
donations  of  public  lands  to  such  states"  (said  land  being  forty- 
six  thousand  and  eighty  (46,080)   acres,  granted  to  the  territory 
of  Montana  by  the  Act  of  February  18,  1881,  and  vested  in  the 
State  of  Montana  by  the  Act  of  February  22,  1889)  for  the  estao- 
lishment  and  maintenance  of  a  university;  are  here'by  pledged  as 
security  for  the  payment  of  the   principal   and   interest  of   the 
bonds  authorized  by  this  Act,  and  all  revenue  or  profits  derived 
from  the  said  lands  or  said  permanent  fund   to  be   created,  or 
any  of  them,  whether  on  account  of  lease,  sales  of  licenses  to 
cut  trees,  or  otherwise,  are  hereby  set  apart  and  shall  consti- 
tute a  fund  for  the  payment  as  hereinafter  provided  of  the  prin- 


34  GENERAL   SCHOOL   LAW 

cipal  and  interest  of  the  said  bonds,  which  bonds  shall  be  a 
first  lien  on  said  university  bond  fund.  (Act  approved  March 
4th,  1897,  Sec  3).  (5th  Sess.  59). 

684.  Disposition  of  Proceeds  of  Lands. — It  shall  be  the  duty 
of  the  state  treasurer  to  keep  all  moneys  derived  from  the  uni- 
versity  lands   hereinbefore   mentioned   in   separate   fund,   to   be 
known  and  designated  as  the  university  bond  fund  and  out  of 
the  moneys  of  such  fund,  he  shall  pay  after  approval  by   the 
state    board   of   examiners: 

First:  The  cost  and  expenses  of  issuing  of  the  bonds  herein 
provided  for. 

Second :  The  interest  on  the  bonds  herein  authorized  when 
due,  and 

Third :  When  bonds  shall  become  payable,  he  shall  call  in 
and  pay  them  as  rapidly  as  the  moneys  in  such  fund  will  permit 
after  providing  for  the  interest.  That  in  the  event  there  shall 
not  be  sufficient  funds  in  the  university  bond  fund  to  pay  the 
interest  when  due,  the  state  board  of  examiners  shall,  by  an 
order  entered  upon  their  minutes  cause  warrants  to  be  issued 
on  the  university  bond  fund  for  the  amount  of  the  interest  due, 
and  the  warrants  so  issued  shall  draw  interest  at  the  rate  of  six 
(6)  per  cent  per  annum,  and  said  warrants  shall  be  paid  by  the 
treasurer  as  soon  as  sufficient  funds  accumulate  in  said  fund  tj 
pay  the  same,  and  by  reason  of  the  delivery  of  the  said  war- 
rants to  the  holders  of  the  said  bonds  in  satisfaction  of  the 
accrued  interest,  there  shall  be  no  default  in  the  payment  of  the 
interest.  (Act  approved  March  4th,  1897,  Sec.  4).  (5th  Sess. 
59-60). 

685.  Notice  of  Sale  of  Bonds.— It  shall  be  the  duty  of  the 
state  treasurer  to  give  notice,  by  advertising  for  not  less  than 
two   (2)   weeks  daily   in  one  newspaper,  published   in   the   city 
of  Helena,  Montana,  and  in  one  newspaper  published  in  the  city 
of  New  York  that  he  will  on  April  5th,  1897,  sell  one  hundred 
thousand  dollars    ($100,000.00)    of  the  bonds   herein   authorized 
and  will  receive  bids  therefor  and  said  bonds  shall  on  said  day 
be  by  him  sold  to  the  highest  bidder ;  Provided,  that  the  state 
board  of  education  shall  open  all  bids  and  shall  have  the  right 
to  reject  any  or  all  bids.     If  no  bids  are  then  received  and  ac- 
cepted said  bonds  may  then  be  sold  afterwards  at  private  sale, 
provided  however,  that  none  of  the  said  bonds  shall  at  any  time 
be  sold  at  less  than  par.     (Act  approved  March  4th,   1897,  Sec. 


STATE    OF    MONTANA.  35 

5).     (5th  Sess.  60). 

686.  Use  of  Proceeds  of  Bonds. — The  moneys  derived  from 
the  sale  of  the  said  bonds  shall  be  used  to  erect,  furnish  and 
equip  buildings   for  the   use   and   benefit   of   the   University   of 
Montana  at  the  city  of  Missoula  in  said  state,  and  shall  by  the 
state    treasurer   be   paid   out   on   the   warrants   of   the   building 
commission  of  said  university  as  hereafter  provided.     (Act  ap- 
proved March  4th,   1897,  Sec.  6).     (5th  Sess.  60). 

687.  University     Building     Commission. — There     is     hereby 
created  a  building  commission  to  be  composed  of  five  persons 
to  be  appointed  by  the  governor  of  the  state,  no  more  than  two 
of  whom  shall  be  of  the  same  political  party  and  all  residents 
of  the  city  of  Missoula,  who  shall  serve  without  compensation, 
whose  duty  it  shall  be  to  contract  for  the  erection  and  furnish- 
ing of  suitable  buildings  for  the   use  and  benefit  of  the   Uni- 
versity of  Montana.     The   said   commission   shall   have   charge 
and  supervision  over  the  construction  of  said  buildings  and  all 
things  pertaining  thereto;  and  shall  have  authority  from  time 
to  time  to   draw  their  warrants  on  the  treasurer  of  the   State 
of  Montana  for  such   sum  or  sums  as   may  be  due  any  con- 
tractor or  employee  engaged  in  and  about  the  erection  of  the 
said  buildings  which  warrants  shall  be  paid  by  the  said  treas- 
urer out  of  any  funds  in  his  hand  arising  from  the  sale  of  bonds 
provided  for  in  this  act.     Said  building  commission  is  hereby 
authorized  to  employ  an  architect  and  such  other  assistants  as 
it  may  deem  necessary  in  preparing  the  plans,  specifications  and 
superintending   the   construction   of   said   building   and   the   ex- 
pense thereof  shall  be  paid  out  of  the  funds  as  hereinbefore  pro- 
vided for  the  erection  of  said  buildings,  provided  that  all  archi- 
tects, superintendents  and  contractors  shall  be   citizens  of  the 
State   of   Montana.     Said   commission   shall   make   report   from 
time  to  time,  to  the  stated  meetings  of  the  state  board  of  edu- 
cation, of  the  progress  of  said  work  and  the  expenditures  there- 
of.    (Act  approved  March  4th,  1897,  Sec.  7).     (5th  Sess.  60-1). 

688.  State   Not   Liable  on  Bonds.— The    State    of    Montana 
shall  in  no  wise  be  held  liable  for  the  payment  of  the  bonds 
herein   authorized   or   interest   thereon.     (Act   approved    March 
4th,   1897,  Sec.  8).     (5th  Sess.  61). 


36  GENERAL,   SCHOOL    LAW 

HOUSE   BILL  96. 

"An  Act  to  Create  and  Establish  a  Law  School  at  Missoula 
to  be  Conducted  and  Operated  as  a  Department  of  the  Uni- 
versity of  Montana,  to  Provide  a  Name  and  to  Make  an  Appro- 
priation Therefor/' 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana: 

Section  i.  There  is  hereby  created  and  established  in  this 
State  and  located  in  the  City  of  Missoula,  a  Law  School,  as  a 
Department  of  the  University  of  Montana. 

Section  2.  That  said  Law  School,  shall  be  known  and  desig- 
nated as  "The  Law  Department  of  the  University  of  Mon- 
tana." 

Section  3.  The  State  Board  of  Education,  is  hereby  em- 
powered and  given  authority  to  make  all  necessary  rules  and 
regulations  with  reference  to  the  conduct  and  management  of 
the  said  Law  School ;  to  map  out  and  provide  for  the  courses  of 
study  to  be  pursued  by  students  attending  said  Law  School ;  to 
obtain  and  provide  for  necessary  quarters,  equipment  and  books 
therefor,  and  to  retain  and  hire  the  necessary  professors  and 
instructors  to  i/  struct  the  students  therein. 

Section  4.  The  suaa  of  six  thousand  dollars  ($6,000.00)  is 
hereby  appropriated  for  the  maintenance  and  conduct  of  the 
said  Law  School  to  February  28,  1912,  which  money  shall  be 
used  exclusively  for  the  benefit  of  said  Law  School. 

Section  5.  The  sum  of  six  thousand  dollars  ($6,000.00)  is 
hereby  appropriated  for  the  maintenance  and  conduct  of  said 
Law  School  to  February  28th,  1913,  which  money  shall  be  used 
exclusively  for  the  benefit  of  said  Law  School. 

Section  6.  This  act  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval  by  the  Governor. 

Approved    February    17,    1911. 


STATE    OF    MONTANA. 


37 


CHAPTER  III. 
School  of  Mines. 

School    of    mines     established. 
Section  690.,    Control    and    management. 
Section  691.     School    of    mines    established. 

Object    of    school. 

Si'te,    appliances. 

Qualifications  of  students. 

Location    of    school    lands. 

Fees    of    professors. 
Section  706.     Debt    prohibited. 
Section  709.     State   school  of  mines   building   commission. 

Member  of   commission   not   to   be   interested    in   con- 
tracts. 

Compensation    and    expenses    of    members. 

Plans    for    buildings. 

Bids   and  contracts  for  buildings. 

Commissioners    may    employ    architect. 

Auditing   and   payment   of   claims. 

Equipment  of  school. 

Disposal    of    buildings    when    completed. 

Records     of     commission. 

School    of    mines    building    fund;    bonds. 
Section  720.     Disposition     of     bonds. 
Section  721.     Creation  of  interest   and  sinking  fund. 

Investment    of    sinking   fund. 

Reimbursement    of    general    fund. 

State  treasurer  as  custodian  of  fund. 

Disposition  of  proceeds  of  bond  sale. 

Call  of  bonds   for  payment. 

Expense    of    issuance    of    bonds. 

Warrants    for    interest. 

State  liable  only  10  extent  of  lien  on  lands. 

(Sec.  1570.)  School  of  Mines  Established. — A  school  of 
mines  of  Montana  is  hereby  established  and  located  at  Butte, 
and  has  for  its  object  instruction  and  education  in  chemistry, 
metallurgy,  mineralogy,  geology,  mining,  milling,  engineering, 
mathematics,  mechanics,  drawing,  the  laws  of  the  United  States, 
and  of  the  state  in  reference  to  mining  and  the  rights  and 
duties  of  citizens  in  relation  thereto.  Such  school  of  mines 
may  be  connected  with  the  state  university  under  such  regula- 
tions as  the  state  board  of  education  may  prescribe. 

690.  (Sec.  1571.)  Control  and  Managament. — The  control 
and  supervision  of  such  school  is  vested  in  the  state  board 
of  education,  which  may  prescribe  all  necessary  rules  therefor. 


Section  689. 


Section  696. 
Section  697. 
Section  698. 
Section  702. 
Section  705. 


Section  710. 

Section  711. 
Section  712. 
Section  713. 
Section  714. 
Section  715. 
Seotion  716. 
Section  717. 
Section  718. 
Section  719. 


Section  722. 
Section  723. 
Seotion  724. 
Section  725. 
Section  726. 
Section  727. 
Section  728. 
Section  729. 


33  GENERAL,   SCHOOL   LAW 

691.  (Sec.  1572).  School  of  Mines  Established.— The  state 
school  of  mines  is  hereby  established  and  declared  to  be  a  body 
corporate  under  the  name  of  "Montana  State  School  of  Mines" 
and  by  that  name  may  sue  and  be  sued,  may  take  and  hold  real 
or  personal  property  by  gift,  bequest^  devise,  or  purchase  from 
the  state,  and  may  dispose  of  the  same  when  authorized  so  r.o 
do  by  law.  (Act  approved  Feb.  17,  1893). 

State   Bank   vs.    Barret,    25    Mon't.    114;    63    Pac.    1030. 

696.  (Sec.  1577.)     Object  of  School. — It  shall  be  the  object 
of  such  school  of  mines  to  furnish  facilities  for  the  education  of 
such   persons   as   may   desire   to   receive   special   instruction    in 
chemistry,    metallurgy,    mineralogy,    geology,    mining,    mining 
engineering,    mathematics,    mechanics   and    drawing.     (Act   ap- 
proved Feb.   17,   1893). 

697.  (Sec.     1578.)     Site,    Appliances. — The     said    board     of 
trustees  are  hereby  authorized  to  procure  a  suitable  site  at  or 
near  the  city  of  Butte,  in   the   county  of  Silver  Bow  and   the 
State  of  Montana,  for  said  school  of  mines,  as  hereinafter  set 
out,   and   to   erect   suitable   buildings   thereon,    and   to   procure 
such  machinery  and  other  appliances   as  may  be  necessary  to 
carry  out  the  object  and   intention  of  such   institution  and   to 
promote  the  welfare  thereof,  whenever  the  funds  provided   for 
the  establishment  of  said  school  of  mines  will  warrant  the  same. 
(Act  approved  Feb  17,  1893). 

698.  (Sec,      1579.)     Qualification     of     Students.— The     said 
school  of  mines   shall  be   open  and   free   for  instruction   to   all 
bona  fide  residents  of  this  state  without  regard  to  sex  or  color, 
and,  with  the  consent  of  said  board  students  from  other  states 
or  territories  may  receive  an  education  thereat,  upon  such  terms 
and  at  such  rates  of  tuition  as  the  board  may  prescribe.     (Act 
approved   Feb.    17,    1893). 

702.  (Sec.  1583.)  Location  of  School  Lands. — The  state 
board  of  land  commissioners  are  hereby  authorized  and  required 
to  locate  all  the  lands  that  have  been  donated  by  the  United 
States  to  the  State  of  Montana  for  the  establishment  and  main- 
tenance of  a  school  of  mines  and  report  to  the  next  legislative 
assembly  the  number  of  acres  so  located,  where  situated,  and 
the  character  and  estimater  value,  and  shall  make  a  similar 
report  on  or  before  the  next  meeting  of  the  legislative  assembly 
to  the  board  of  trustees  of  the  school  of  mines,  and  also  to  the 
state  board  of  education.  (Act  approved  Feb.  17,  1893). 


STATE    OF    MONTANA.  39 

705.  (Sec.    1587.)     Fees   of   Professors. — It    shall    be    lawful 
for  'the  professor  or  president  of  the  school  of  mines,  who  shall 
be  appointed  by  the  said  board  of  trustees,  to  charge  and  col- 
lect such  reasonable  fees  for  any  and  all  essays,  and  analysis 
made  by  them,  as  the  said  board  may  prescribe,  an  account  of 
which  shall  be  kept  by  said  president  and  paid   over  monthly 
to  the  treasurer  of  said  school  of  mines,   which  shall   become 
part   of    the    school   of    mines    fund.     (Act    approved    Feb.    17, 

1893). 

706.  (Sec.   1588.)     Debt  Prohibited.— The  board  of  trustees 
are  'hereby  prohibited   from   creating  any   debt   as   against  'the 
school  of  mines,  building,  machinery,  or  appliances,  or  in  any 
manner  incumbering  the  same,  or  of  incurring  any  expense  be- 
yond their  ability  to  pay  from  the  annual  income  of  the  school 
of  mines  for  the  current  year.     (Act  approved  Feb.   17,   1893). 

709.  (Sec.  1591).     State  School  of  Mines  Building  Commis- 
sion.— For   the  purpose   of   erecting,    furnishing   and    equipping 
buildings  for  the  state  school  of  mines  at  Butte  City,  Montana, 
there  is  hereby  created  a  board  to  be  known  as  the  state  school 
of   mines    commission.      Said   commission    shall    consist    of    five 
members,  each  a  qualified  elector,  and  not  more  than  three  be- 
longing to  any  one  political  party,  all  of  whom  shall  be  forth- 
with  appointed   by   the   governor,   by  and  with   the   advice   and 
consent  of  the  senate,  and  shall  hold  office  until  said  buildings 
have  been  erected  and  equipped  and  accepted  by  the  state  as 
hereinafter  provided,  su'bject  to  removal  by  the  governor,  and 
each  of  whom  s!hall  forthwith  give  bond  with  two  sureties,  to 
be  approved  by  the  governor,  in  the  sum  of  two  thousand  dol- 
lars,  conditioned   for   the   faithful   performance   of  their   duties. 
Vacancies  in  said  board  shall  be  forthwith  from  time  to  time 
filled  by  the  governor,  and  three  of  said  board  shall  constitute 
a   quorum,   with   power  to   act,   and  the   official   place   of  busi- 
ness of  said  board  at  Butte  City,  Mont.     (Act  approved  March 

7,  1895)- 

State  Bank  v.  Barret,  25  Mont.   114;    63  Pac.  1030. 

710.  (Sec.   1592.)     Member  of  Commission  not  to  be  Inter- 
ested in  Contracts. — No  member  of  the  board  shall  be  in   any 
manner   interested   with   any   building   contractor   or   shall   sub- 
mit any  bid  for  the  erection  or  the  furnishing  of  said  buildings, 
neither  shall  he  receive  any  commission,  rebate,  bonus,  division 
of  proceeds,   or    any    other    pecuniary    advantage    whatever    In 


40  GENERAL   SCHOOL    LAW 

connection   with  said  office,  save  the  compensation   hereinafter 
provided.      (Act  approved  March  7,  1895). 

711.  (Sec.  1593.)      Compensation  and  Expenses  of  Members. 
— Each  mem'ber  of  the  board  shall  receive  five  dollars  per  day 
for  each  and   every   day  the  board   is   actually   and   necessarily 
assembled    in    the   performance    of    its    official    duties,    together 
with  his  actual  traveling  expenses  paid   in   going  to   and  from 
his  home  to  attend  the  session  or  sessions  of  the  board.     (Act 
approved    March   7,    1895). 

712.  (Sec.   1594).     Plans  for  Buildings. — The  state  'board  of 
commissioners  for  the  school  of  mines  so  appointed,  are  hereby 
authorized  and  directed  to  prepare  plans  and  specifications  for 
the    erection   of   buildings    for    the    said    state    school    of    mines 
not   to   exceed    the   amount   of   one    hundred    thousand    dollars. 
(Act    approved    March    7,    1895). 

State   Bank   v.   Barret,   25    Mont.    114;    63    Pac.    1030. 

713.  (Sec.  1595.)  Bids  and  Contracts  for  Buildings. — When- 
ever  the   provisions   of   the   preceding   section   have    been   fully 
complied-  with,  the  board  of  commissioners  for  the  state  school 
of  mines  shall  advertise  in  not  more  than  four  nor  less  than  two 
daily  newspapers  printed  in  the  state,  two  of  which  must  be  in 
the  county  of  Silver  Bow,  once  each  week  for  four  consecutive 
weeks,  a  notice  that  it  will  receive  sealed  proposals  and  bids  to 
construct  such  buildings  on  the  site  heretofore  selected  and  in 
accordance  with  the  plans  and  specifications  so  adopted  by  the 
commissioners   for   the   state   school   of  mines,   reserving,    how- 
ever the  right  to  reject  any  and  all  bids  and  advertise  anew. 

The  board  must  let  the  contract  for  the  construction  and 
erection  of  such  building  or  buildings  to  the  lowest  responsible 
bidder,  and  the  Contractor  or  contractors  shall  execute  a  good 
clnd  sufficient  bond  in  double  the  amount  of  his  or  their  lbids 
to  perform  such  contract  for  the  construction  and  erection  of 
such  building  or  buildings  in  conformity  with  the  plans  and 
specifications  aforesaid,  which  bond  shall  run  to  the  State  of 
Montana  and  be  approved  by  the  board  of  the  school  of  mines 
commissioners.  (Act  approved  March  7,  1895). 

State  Bank  v.   Barret,   25  Mont.   115;    G'J   Pac.    1030. 

714.  (Sec.   1596.)      Commissioners  May  Employ  Architect. — 
The  board  of  school  of  mines  commissioners  are  hereby  author- 
ized to  employ  an  architect  and  such  assistants  as  it  may  deem 
necessary    in    preparing    the    plans    and    specifications    for    said 


STATE    OF    MONTANA.  41 

building  or  buildings,  and  the  expense  thereof  shall  be  paid  out 
of  the  funds  as  hereinafter  provided  for  the  erection  of  said 
building  or  buildings.  (Act  approved  March  7,  1895). 

715.  (Sec.    1597.)     Auditing   and    Payment    of    Claims. — Ail 
claims  for  the  erection  of  said   building  or  buildings   shall  be 
first  approved  by  the  school  of  mines  commissioners  and  audit- 
ed and  allowed  by  the  state  board  of  examiners,  and  paid  in  the 
same  mode  and  manner  as   claims  against  the  state  are  paid; 
Provided,  however,  that  such  claims   shall  be  paid  out  of  the 
respective  funds  designated  in  this  act,  against  which  they  may 
be  chargeable.     (Act  approved  March  7,   1895.) 

State  Bank  v.  Barret,   25  Mont.   115;    63   Pac.   1030. 

716.  (Sec.   1598.)     Equipment  of  School. — Upon   completion 
and  acceptance  of  the  buildings  mentioned  in  this  act,  the  board 
of  school  of  mines  commissioners  shall  equip  and  furnish  said 
institution    with    supplies    and    apparatus    as    may    be    actually 
necessary  in  carrying  on  such  institutions;  Provided,  however, 
that  -the  amount  so  expended  shall  not  exceed  the  sum  of  fifteen 
thousand  dollars.     (Act  approved  March  7,   1895.) 

717.  (Sec.    1599.)      Disposal  of  Buildings  When   Completed. 
—Immediately  upon  the  furnishing  of  such  institution  the  state 

board  of  school  of  mines  commissioners  shall  turn  over  to  the 
state  board  of  education  all  such  buildings  to  be  used  there- 
after solely  and  exclusively  for  the  purposes  for  which  they 
were  created  and  established.  (Act  approved  March  7,  1895). 

718.  (Sec.  1602.)     Records  of  Commission. — The  board  shall 
keep   a   written    record    of   all    its   official    actions,    and    on    the 
completion  of  its  official  functions   said   record   shall  be   deliv- 
ered by  the  governor  to  the  secretary  of  state,  who  s'hall  there- 
after be  the  legal  custodian  thereof.     (Act  approved   March  7, 

1895). 

719.  School  of  Mines  Building  Fund;  Bonds. — The  board  of 
sc'hool   of   mines    commissioners    and    the    state    board    of   land 
commissioners  of  the  State  of  Montana  are  hereby  authorized 
to   issue   and   dispose   of  bonds   for   the   purpose   of   erecting   a 
building  to  be  known  as  the  "School  of  Mines  Building"  to  be 
located  in  the  city  of  Butte,  Montana,  under  the  following  con- 
ditions  and    restrictions,  to-wit: 

First :  The  aggregate  amount  of  bonds  authorized  by  this 
Act  shall  not  exceed  the  sum  of  one  hundred  and  twenty  thou- 
sand dollars  ($120,000). 


42  GENERAL   SCHOOL    LAW 

Second :  The  denomination  of  each  bond  shall  be  one  hun- 
dred dollars,  or  any  multiple  thereof,  but  the  maximum  amount 
of  any  bond  shall  not  exceed  the  sum  of  one  thousand  dollars. 

Third :  The  term  of  said  bonds  shall  not  exceed  thirty  years 
from  their  date,  and  they  shall  be  payable  at  any  time  after 
fifteen  years  from  their  date  at  the  option  of  the  issuers. 

Fourth:  The  bonds  may  bear  any  rate  of  interest  not  in 
excess  of  six  per  centum  per  annum,  and  the  interest  may  be 
payable  semi-annually. 

Fifth :  The  principal  and  interest  shall  be  payable  at  sucn 
place  and  in  such  manner  as  is  designated  in  the  bond. 

Sixth :  The  board  of  school  of  mines  commissioners  and  the 
state  board  of  land  commissioners  shall  prescribe  the  form  of 
the  bond,  the  bonds  shall  bear  upon  their  face  the  words 
"School  of  Mines  Building  Bond  of  the  State  of  Montana"  and 
they  s'hall  be  signed  by  the  members  of  the  board  of  school 
of  mines  commissioners  and  the  state  board  of  land  com- 
missioners and  shall  be  countersigned  by  the  secretary  and 
treasurer  o*f  the  state  and  the  seal  of  the  state,  shall  be  affixed 
to  each  bond,  and  the  bonds  shall  be  registered  in  the  office  of 
the  state  treasurer. 

Seventh :  The  coupons  representing  the  interest  on  the 
bonds  shall  be  signed  by  the  state  treasurer,-  or  an  engraved  or 
lithographic  fac-simile  of  the  signature  of  the  treasurer  may  be 
affixed  thereto  provided  it  is  so  authorized  in  the  bond.  (Act 
approved  March  8th,  1897,  Sec.  i.)  (5th  Sess.  124-5). 

720.  Disposition  of  Bonds. — The  bonds  provided  for  in  this 
Act  shall  be  disposed  of  by  the  board  of  school  of  mines  com- 
missioners and  the  state  board  of  land  commissioners  in  such 
a  manner  as   they  shall   deem  it   for  the  best  interests   of  the 
state ;  Provided,  that  no  bond  shall  be  disposed  of  for  less  than 
its  par  value.     (Act  approved  March  8th,   1897,   Sec.  2.)      (5th 
Sess.    125). 

721.  Creation   of   Interest   and    Sinking   Fund. — To    provide 
for   the   payment   of   the    interest   and    principal    of    the    bonds 
authorized  by  this  act,  there  is  hereby  created  a  special  fund  to 
be  known  as  "The  School  of  Mines  Building  Interest  and  Sink- 
ing Fund/'  into  which  shall  be  paid  all  sums  of  money  realized 
from  sales  of  lands,  licenses  to  cut  trees,  leasing  of  lands,  pro- 
fits of  any  and   all   other  sources   by   reason   of  the   grants   of 
lands  by  Congress  to  the  State  of  Montana  for  the   establish- 


STATE    OF    MONTANA.  43 

ment  and  maintenance  of  a  school  of  mines,  as  provided  by 
sections  12  and  17  of  an  act  of  the  United  States  Congress 
entitled  "An  Act  to  provide  for  the  division  of  Dakota  into  two 
states,  and  to  enable  the  people  of  North  Dakota,  South  Dakota, 
Montana,  and  Washington  to  form  constitutions  and  state  gov- 
ernments, and  to  be  admitted  into  the  Union  on  an  equal  foot- 
ing with  the  original  states,  and  to  make  donations  of  public 
lands  to  such  states,''  approved  February  22nd,  1889,  and  from 
said  ''School  of  Mines  Building  Interest  and  Sinking  Fund''' 
there  shall,  as  the  same  become  due  and  payable,  be  paid  the 
interest  on  said  bonds  and  it  is  further  provided,  that  it  is  the 
duty  of  the  ''State  Board  of  Land  Commissioners"  whenever 
there  are  any  funds  in. the  said  "School  of  Mines  Building  Inter- 
est and  Sinking  Fund"  over  and  above  the  sum  of  twenty-five 
hundred  dollars  in  excess  of  the  amount  required  to  pay  the 
yearly  interest  on  said  bonds,  to  invest  such  excess  funds  in 
the  manner  set  forth  and  provided  in  section  4  of  this  acr, 
and  the  amount  so  invested  shall  constitute  a  permanent  fund 
to  pay  the  principal  of  the  said  bonds ;  but  all  interest  or 
profit  derived  from  the  investment  shall  be  paid  into  the  said 
"School  of  Mines  Building  Interest  and  Sinking  Fund''  and  the 
principal  and  interest  of  the  said  bonds  shall  be  a  first  lien  upon 
said  funds  and  all  the  lands  granted  and  belonging  to  the  state 
for  the  purpose  of  establishing  and  maintaining  a  school  of 
mines.  (Act  approved  March  8th,  1897,  Sec.  i.)  (5th  Sess. 
125-6). 

722.  Investment  of  Sinking  Fund. — The  state  board  of  land 
commissioners  are  hereby  authorized  and  directed  to  create  a 
permanent  fund  for  the  payment  of  the  bonds  authorized  by  this 
Act,  from  the  following  revenues,  to-wit :  Whenever  the  rev- 
enues in  any  year  are  sufficient  to  pay  the  interest  on  the  said 
bonds  and  there  shall  be  in  excess  thereof  the  sum  of  twenty- 
five  hundred  dollars,  then  any  and  all  funds  over  and  above 
the  said  sum  of  twenty-five  hundred  dollars  s'hall  be  invested 
for  the  benefit  of  the  "School  of  Mines  Building  Interest  ana 
Sinking  Fund"  as  follows,  to-wit : 

First:  In  the  bonds  authorized  by  this  act,  provided  they 
can  be  purchased  at  a  cost  not  exceeding  their  par  value  and  ac- 
crued interest. 

Second:  In  any  legally  issued  bonds  of  any  county,  school 
district,  city  or  town  of  the  State  of  Montana,  provided  they 


44  GENERAL   SCHOOL    LAW 

i 

can  be  purchased  at  a  cost  not  exceeding  their  par  value   and 
interest. 

Third :  In  any  legally  issued  general  fund  warrants  of  the 
State  of  Montana,  or  any  legally  issued  warrants  of  county,  city, 
or  town  of  the  State  of  Montana,  provided  they  can  be  pur- 
chased at  a  cost  not  exceeding  their  par  value  and  ac- 
crued interest;  and  the  said  bo'ard  of  land  commissioners  are 
hereby  granted  discretionary  power  in  the  selection  and  pur- 
chase of  the  securities  hereinbefore  described,  as  to  the  amount 
of  each  they  shall  purchase  and  conditions  of  general  credit 
affecting  the  same.  (Act  approved  March  8th,  1897,  Sec.  4). 
(5th  Sess.  126). 

723.  Reimbursement    of    General    Fund.— It    is    hereby    pro- 
vided  and   set   forth,   that   in   the   event   the   State   of   Montana 
shall   at   any   time   provide   and   pay   the   interest,    or   any   part 
thereof,  on  the  bonds  authorized  by  this  act,  from  the  general 
fund  of  the  state,  or  by  any  special  appropriation  made  or  tax 
levied  therefor,  then  for  any  and  all  interest  so  paid,  the  state 
shall  be  reimbursed  from   the  said  /'School  of   Mines   Building 
Interest  and  Sinking  Fund"  by  the  payment  of  the  amount  so 
paid  or  due,  whenever  there  is  sufficient  money  in  said  "School 
of  Mines  Building  Interest  and  Sinking  Fund"  to  pay  the  same. 
(Act  approved  March  8th,  1897,  Sec.  5).     (5th  Sess.  126). 

724.  State  Treasurer  as  Custodian  of  Fund. — The  state  treas- 
urer is   hereby  designated   as   the   custodian  of   the   funds   pro- 
vided by  this  Act  and  he  shall  pay  all  warrants  properly  draw;i 
by  the   "Board   of   School   of  Mines   Commissioners"   save   ana 
excepting  as  to  the  interest  on  the  bonds,  which  he  shall  pay 
as  the  same  becomes  due  and  charge  the  amount  thereof  to  the 
"School  of  A  Fines  Building  and  Interest  Sinking  Fund"  herein- 
before created.     (Act  approved  March  8th,   1897,  Sec.  6).     (5th 
S'ess.    126-7). 

725.  Disposition  of  Proceeds  of  Bond  Sale. — All  moneys  re- 
ceived from  the  sale  of  the  bonds  authorized  by  this  act  shall 
be  paid  to  the  state  treasurer,  and  shall  constitute  a  special  fund 
for  the  erection  of  the  "School  of  Mines  Building,"  and  shall  be 
disbursed  by  the  state  treasurer  on  warrants  properly  drawn  by 
the  "Board  of  School  of  Mines  Commissioners"  and   including 
all  warrants  heretofore  drawn  by  the  "Board  of  School  of  Mines 
Commissioners"  and  registered  prior  to  the  passage  of  this  act. 
(Act  approved  March  8th,  1897,  Sec.  7).     (5th  Sess.  127). 


STATE    OF    MONTANA.  45 

726.  Call    of    Bonds   for    Payment. — Whenever    any    of    the 
bonds   authorized   by   this   act   shall  become   due   and   payable, 
and   there   is   sufficient   funds   to   pay   the   same,   they   shall   be 
called  in  and  paid  in  the  order  of  their  issuance,  beginning  with 
the  lowest  number.     (Act  approved   March  8th,   1897,  Sec.  8). 
(5th  Sess.   127). 

727.  Expenses  of  Issuance  of  Bonds. — The  cost  and  expenses 
of  issuing  the  bonds  hereinbefore  authorized  may  be  paid  out 
of  the  proceeds  thereof,  or  be  chargeable  to  the  expense  of  the 
construction  of  the  building.     (Act  approved  March  8th,   1897, 
Sec.  9).     (5th  Sess.  127). 

728.  Warrants  for  Interest. — In  the  event  there  shall  not  at 
any  time  be  sufficient  money  in  the  "School  of  Mines  Building 
Interest  and  Sinking  Fund''  to  pay  the  interest  when  due,  tht 
state  board  of  land  commissioners  and  the  board  of  school  ot 
mines  commissioners  shall,  by  an  order  entered  on  their  min- 
utes or  record  books,  cause  warrants  to  be  issued  on  the  said 
"School  of  Alines  Building  Interest  and  Sinking  Fund"  for  the 
amount  of  interest   due,   and   the   warrants   so   issued   shall   be 
registered  in  the  office  of  the  treasurer  of  the  state,  and  shall 
bear  interest  at  the  rate  of  six  per  centum  per  annum,  and  said 
warrants   shall  be  paid  by  the   state   treasurer  whenever  there 
is  sufficient  money  accumulated  in  said  fund  to  pay  the  same, 
and  by  reason  of  the  delivery  of  said  warrants  to  the  holders  of 
said  bonds  and  the  surrender  of  the  interest  coupons,  there  shall 
be  no  default  in  the  payment  of  interest.     (Act  approved  March 
8th,    1897,   $ec-    IO)-     (5th   Sess.    127). 

729.  State  Liable  Only  to  Extent  of  Lien  on  Lands. — Noth- 
ing in  this  Act  shall  be  so  construed  as  to  in  any  wise  hold  the 
state  of  Montana  liable   for  the  payment  of  the  bonds   herein 
authorized,  except  as  to  the  lien  heretofore  created  against  the 
lands   and   funds  granted   for   the   purpose   of   establishing   and 
maintaining  the  school  of  mines   and  which   lien   shall   not  be 
abridged,  annulled  or  set  aside  until  the  bonds  authorized  by 
this  act  shall  have  been  fully  paid,   together  with  the  interes-t 
thereon   and   the   governor   is   hereby   specially    authorized    and 
empowered  to  use  all  lawful  means  to  enforce  the  provisions  of 
this  Act.     (Act  approved  March  8th,  1897,  Sec.  n.)      (5th  Sess. 
127-8). 


4G 


GENERAL   SCHOOL   LAW 


CHAPTER  IV. 
Agricultural  College  of  Montana. 

Section  730.  Agricultural    college    established. 
Section  731.  Control     and     management. 
•Section  732.  Establishment   and   location. 
Section  733.  Selection   of    site. 
Section  734.  Control  of  college. 
Section  738.  Agricultural   experiment   station. 
Section  739.  Management    of    station. 
Section  740.  Acceptance   of    grant. 
Section  741.  Designation    of    station    as    beneficiary- 
Section  742.  Montana    agricultural    college     bonds. 
Seciton  743.  Date    of   issuance    and    sale    of   bonds. 
Section  744.  Security    for   payment   of    bonds. 
Section  745.  Agricultural  college  bond  fund. 
Section  74G.  Advertisement  of    sale   of   bonds. 
Section  747.  Disposition    of    proceeds    of    bonds. 
Section  748.  Erection    and    furnishing    of    buildings. 
Section  749.  State    not   liable   on    bonds. 
Section  750.  Refunding    bonds. 
Section  751.  Sale   of    bonds. 
Section  752.  Security    for    payment    of    bonds. 
Section  753.  Duties:   of    state    treasurer. 
Section  754.  Sale  of  bonds.     Notice. 
Section  755.  Disposition  of  proceeds. 
Section  756.  Establishment    of    experimental 

culture. 

Section  757.  Billings    experimental    station. 

Section  758.  Same.     Work  of   stub-station. 

Section  759.  Lands   for  sub-station. 

Section  760.  Governor   and   secretary  of   state   to    select    site. 

Section  761.  Use    of    Bozeman    funds    prohibited. 

Section  762.  State   board    of    land    commissioners    may    sell    lands. 

Section  763.  Experimental    sub-station    located    in    Fergus    county. 

Section  764.  Authority  of  governor  to  accept  site. 

Section  765.  Acceptance  of  donations  of  money  and  material. 

Section  766.  State  entomologist   of  Montana. 

Section  767.  Duties  of   state   entomologist. 

Section  768.  Annual     report. 

Section  769.  Expenses. 

730.       (Sec  1620.)       Agricultural    College    Established. — The 

agricultural  college  of  Montana  is  established  and  located  at 
Bozeman,  and  has  for  its  object  instruction  and  education  in 
the  English  language,  literature  and  mathematics,  civil  and 
mechanical  engineering,  agricultural  chemistry,  animal  and 
vegetable  anatomy  and  physiology,  the  veterinary  art,  entomol- 


su'b-station    in    horti- 


STATE    OF    MONTANA.  47 

°§y>  ge°l°gy  and  such  other  natural  sciences  as  may  be  pre- 
scribed by  the  state  board  of  education,  political,  rural  and 
household  economy,  agricultural,  horticultural,  moral  phil- 
osophy, history,  bookkeeping  and  especially  the  application  of 
science  and  the  mechanical  arts  to  practical  agriculture  'in  the 
field  and  irrigation  and  the  use  of  water  for  agricultural  pur- 
poses. Such  agricultural  college  may  be  connected  with  the 
state  university,  under  such  regulation  as  the  state  board  of 
education  may  prescribe. 

731.  (Sec.    1621.)      Control   and   management. — The    control 
and   supervision   of   such   college   is   vested   in   the   state   board 
of   education,    which    may    prescribe    all    rules    therefor. 

732.  (Sec.    1622.)     Establishment   and   Location. — The   agri- 
cultural  college   of    the    State    of    Montana    is    established    and 
located  at  the   city  of   Bozeman,   or  within   three   miles  of  the 
corporate  limits  of  said  city,  upon  such  tract,  or  tracts  of  landj 
conforming  in  the  aggregate  not  less  than  eighty  acres,  and  as 
much  more  as  shall  be  selected  by  the  state  board  of  education, 
as   hereinafter .  provided ;   and   said   college   has   for   its   leading 
objects  and  purposes,  without  excluding  other  scientific  classi- 
cal   studies,    and    including    military    tactics,    to    teach     such 
branches    of    learning    as    are    related    to    agriculture    and    the 
mechanic  arts,  in  such  manner  as  the  state  board  of  education, 
and   any   subordinate   boards    by   such    state    board    appointed, 
may  prescribe.     (Act  approved   Feb.   16,   1893). 

733.  (Sec.  1623.)     Selection  of  Site. — It  shall  be  the  duty  of 
the  state  board  of  education,  within  ninety  days  from  the  date 
of  the  passage  of  this  act,  if  then  orgranized  but  if  not  organj 
ized  then  within  ninety  days  from  the  organization  of  the  said 
board,  to  select  the  site  for  the  definite  and  permanent  location 
of  said  agricultural  college  of  Montana  and  agricultural  experi- 
mental station,  which  site  shall  be  at  the  city  of  Bozeman,  or 
within  three  miles  of  the  corporate  limits  of  said  city  of  Bozo- 
man  ;   and    said    state    board    of    education    shall    at    once    take 
steps    or   proceedings    for    procuring   the    title    to    the    tract    or 
tracts   of   land   so    selected   by    them,    and   they   may,    and    are 
hereby  empowered  to  enter  into  contracts  in  the  name  of  the 
State  of  Montana,  for  the  purchase  of  said  tract  or  tracts  of  land 
so  selected,  and  may  execute,  such  obligations  for  the  payment 
of  the   same   as   will   mature   when   the   probable   income   from 
the   fund   of  said   agricultural   college   and   agricultural    experi- 


48  GENERAL    SCHOOL    LAW 

mental  station,  or  either  of  them,  will  pay  for  the  same.  The 
said  state  board  of  education  are  hereby  authorized  and  em- 
powered to  accept  in  the  name  of  the  state  of  Montana,  such 
gifts  of  land  and  money  as  may  be  tendered  to  aid  in  the  pur- 
chase of  said  site,  and  whenever  such  gifts  are  suffi'cient  in 
.amount  to  secure  or  pay  for  said  site  they  shall  appropriate  the 
same  to  that  purpose,  and  take  the  proper  and  necessary  con- 
veyances of  said  tract  or  tracts  of  laud  in  the  name  of  the  state. 
All  lands  and  money  acquired,  as  provided  in  this  section,  shall 
be  taken  and  held  for  the  sole  use  and  benefit  of  said  agri- 
cultural college  and  said  agricultural  experimental  station.  (Act 
approved  Feb.  16,  1893). 

734.  (Sec.  1634.)  Control  of  College. — The  general  control 
and  supervision  of  such  college  is  vested  in  the  state -board  of 
education,  which  board  may  prescribe  all  rules  therefor.  (Act 
approved  Feb.  16,  1893). 

738.  (Sec.   1628.)     Agricultural  Experimental  Station. — There 
is  also  located  and  established  on  the  land  so  to  be  selected  by 
the  state  board  of  education,   in   connection  with   said  agricul- 
tural   college,    and    under    its    direction    an    agricultural    experi- 
mental station,  to  aid  in  acquiring  and  diffusing  among  the  peo- 
ple of  the  state  of  Montana  useful  and  practical  information  on 
subjects  connected  with   agriculture,   and  to   promote   scientific 
investigation    and    experiments    respecting    the    principles    and 
application   of  agricultural   science,  which   experimental   station 
is  established  under  and  by  virtue   of  the   authority   contained 
in  the  act  of  congress  entitled  "An  act  to  establish  experimental 
stations  in  connection  writh  the  colleges  established  in  the  sev- 
eral  states,   under  the   provisions   of  an   act   approved   July   2d, 
1862,  and  the  said  acts  supplementary  thereto''  approved  March 
2cl,   1887,  an(l  the  provisions,  donations,  and  'benefits  contained 
in  said  act  of  congress,  and  in  all  other  acts  of  congress  relating 
to  agricultural   experimental   stations  and  agricultural   colleges, 
now  in  force  and  all  acts     supplementary  thereto,  or  amenda- 
tory thereof,  are  by  the  State  of  Montana  hereby  accepted  and 
adopted.      (Act   approved    Feb.    16,    1893). 

.  State   v.   Barret,   26   Mont.    04;    06   Pac.    505. 

739.  (Sec.     1629.)      Management    of    Station. — Said    agricul- 
tural experimental  station   is  hereby  placed  under  the  supervi- 
sion and  control  of  the  State  board  of  education,  and  the  execu- 
tive   or  'subordinate    board    or    authority    who    may    be    bv    the 


STATE    OF    MONTANA.  49 

governor,   by   and   with    the   consent   and   advice   of   said   state 
board  of  education,  appointed.     (Act  approved  Feb.   16,   1893). 

«74O.     Acceptance  of  Grant. — That  the  State  of  Montana  here- 
y  assents  to  the  provisions  of  an  Act  of  Congress,   entitled: 
"An  Act  to  provide  for  an  increased  annual  appropriation    for 
agricultural  experiment  stations  and  regulating  the  expenditure 
thereof"  approved  March   16,   1906,  and  hereby  consents  to  re- 
ceive the  benefits  thereof  in  the  manner  and  form  and  for  the 
,  purposes   in   said   Act  intended   and   provided.     (Act   approved 
March  2,  1907,  Sec.  i.)      (loth  Sess.  Chap.  64). 

741.  Designation  of  Station  as  Beneficiary. — That  until  other- 
wise provided  by  law  the  agricultural  experiment  station,  now 
established    at    Bozeman,    Gallatin    County,    State   of    Montana, 
shall  be  the  beneficiary  of  the  funds  in  said  Act  mentioned,  and 
shall  use  and  disburse  said  funds  only  for  the  purposes  and  In. 
the  manner  provided  in  said  Act.     The  treasurer  of  the  execu- 
tive board  of  the  Agricultural  College  and  Agricultural  Experi- 
ment Station,  at  said  city  of  Bozeman,  is  'hereby  authorized  to 
receive,  and  shall  be  the  custodian  of  said  funds,  and  he  shall 
account   for  said  funds,  and   make   reports  to  the   secretary  of 
agriculture,    as   required    by   said   Act   of    Congress.     (Act    ap- 
proved March  2,   1907,  Sec.  2.)      (loth  Sess.  Chap.  64). 

742.  (Sec.    1630.)     Montana    Agricultural    College    Bonds. — 
The  state  board  of  land  commissioners  of  the  State  of  Montana, 
is  hereby  authorized  to  issue  bonds  to  the  amount  of  one  hun- 
dred   thousand    dollars ;    the    minimum    denomination    of    such 
bonds  shall  be  two  hundred  and  fifty  dollars,  and  the  maximum 
denomination    one    thousand    dollars    each,    said    bonds    to    be 
known  as  the  Montana  agricultural  college  bonds,  to  bear  date 
July  i,  A.  D.  1895,  to  become  due  twenty-five  years  after  date, 
and  payable  after  ten  years  after  date  thereof;  said  bonds  shall 
bear  interest   at   the   rate   of  not   more  than   six   per   cent,   per 
annum,  payable  semiannually  on  the  first  day  of  January  and 
July  of  each  year  at  the  office  of  the  state  treasurer  of  the  State 
of  Montana.     Said  'bonds  shall  run  from  the  state  board  of  land 
commissioners  of  the  State  of  Montana  to  bearer,  and  shall  be 
signed  'by  the  state  board  of  land  commissioners  and  counter- 
signed by  the  secretary  of  state,  who  shall  attach  his  seal  there- 
to.    (Act   approved    March   6th,    1895). 

State  v.  Wright,  17  Mont.  78;    42  Pac.   103. 
State  v.  Rice,  33  Mont.  390;    83  Pac.  878. 


50  GENERAL   SCHOOL   LAW 

743.  (Sec   1631.)     Date  of  Issuance  and  Sale  of  Bonds. — The 
bonds  provided   for   in   the  first   section   of   this   Act,   Sec.   742 
(1630),  shall  be  issued  and  sold  as  soon  as  possible   after  the 
passage  of  this  Act.     (Act  approved  March  6th,  1895). 

744.  (Sec.  1632.)   Security  for  Payment  of  Bonds. — All  funds 
realized  from  the  sale  or  leasing  of  the  lands  (being  fifty  thou- 
sand acres)  granted  by  the  United  States  to  the  state  of  Mon- 
tana for  the  establishment  and  maintenance  of  an  agricultural 
college,   under  and   by  virtue   of   the   provisions   of   Sec.    17   of 
the  Act  of  congress,  approved  February  22,  1889,  entitled  "An 
Act  to  provide  for  the  division  of  Dakota  into  two  states,  and 
to   enable   the   people   of   North   Dakota,   South    Dakota,    Mon- 
tana and  Washington  to  form  constitutions  and  state  govern- 
ments, and  to  be  admitted  into  the  union  on  an  equal  footing 
with  the  original  states,  and  to  make  donations  of  public  lands 
to  such  states,"  are  'hereby  pledged  as  security  for  the  payment 
of  the  principal  and   interest  of  the  bonds  authorized   by   this 
Act,  and  all  moneys  or  revenue  derived  from  the  said  lands,  or 
any  of  them,  whether  on  account  of  sale,  lease,  sales  of  timber 
or  otherwise,  are  hereby  set  apart  and  shall  constitute  a  fund 
for  the  payment,  as  hereinafter  provided,  of  the  principal  ana 
interest  of  the  said  bonds,  which  bonds  shall  be  a  first  lien  on 
said    agricultural    college    bond    fund.     (Act    approved    Marca 
6th,  1895). 

745.  (Sec.  1633.     Agricultural  College  Bond  Fund. — It  shall 
be  the  duty  of  the  state  treasurer  to  keep  all  moneys  derived 
from  the  agricultural  college  lands  hereinbefore  mentioned,   in 
a  separate  fund,  to  be  known  and  designated  as  the  agricultural 
college  bond  fund,  and  out  of  the  money  in  such  fund  he  shall 
pay,  after  approval  by   the   state  board  of  examiners,    (a)    the 
cost  and  expense  of  issuing  of  the  bonds  herein  provided  for; 

(b)  the  interest  on  the  bonds  herein  authorized,  when  due,  and 

(c)  when  such  bonds  shall  become  payable,  he  shall  call  in  and 
pay  them  as   rapidly  as  the   money   in   such  fund   will  permit, 
after  providing  for  the  interest.     That  in  the  event  there  shall 
not  be  sufficient  funds  in  the  agricultural  college  bond  fund  to 
pay  the  interest  when  due,  the  board  of  state  examiners  shall, 
by  an  order  entered  upon  their  minutes,  cause  warrants  to  be 
issued  on  the  agricultural  college  bond  fund  for  the  amount  of 
the  interest  due ;  and  the  warrants  so  issued  shall  draw  interest 
at  the  rate  of  six  per  cent,  per  annum  ;  and  said  warrants  sha1! 


STATE    OF    MONTANA.  51 

)e  paid  by  the  treasurer  as  soon  as  sufficient  funds  accumulate 
in  said  fund  to  pay  the  same;  and  by  reason  of  the  delivery  oi 
said  warrants  to  the  holders  of  said  bonds,  in  satisfaction  of 
accrued  interest,  there  shall  be  no  default  in  the  payment  of 
interest.  (Act  approved  March  6,  1895). 

746.  (Sec.  1634.)     Advertisement  of  Sale  of  Bonds. — It  shall 
be  the  duty  of  the  state  treasurer,  to  give  notice,  by  advertis- 
ing     for      not      less      than      two      weeks,      daily,      in      one 
newspaper     published     in     the     city     of     Helena,     Montana, 
and     in     one     newspaper     published     in     the     city     of     Xew 
York,    N.    Y.,    that    he    will    on    the    second    day    of    April, 
1895,   sell   one   hundred   thousand   dollars   of   the   bonds   herein 
authorized,  and  will  receive  bids  therefor,  and  said  bonds  shall 
on  said  day  be  by  him  sold  to  the  highest  bidder.     If  no  bids 
are  then  received,  said  bonds  may  then  be  sold  afterwards  at 
private  sale;  Provided,  however,  that  none  of  said  bonds  shall 
at  any  time   be  sold  at  less   than   par.     (Act   approved   March 

6,   1895). 

State  v.  Wright,  17  Mont.  78;    42  Pac.  103. 

747.  (Sec.    1635).     Disposition  of  Proceeds  of  Bonds. — The 
money  derived  from  the  sale  of  said  bonds  shall  be  used   to 
erect,  furnish,  and  equip  buildings  for  the  use  and  benefit  of  the 
agricultural  college  of  the  State  of  Montana,  .at  the  city  of  Boze- 
m'an,   in   said  state.     (Act  approved   March   6,    1895). 

State  v.  Wright,  17  Mont.  78;   42  Pac.  103. 

748.  (Sec.    1636.)     Erection   and   Furnishing   of   Building. — 
Immediately  upon   the   receipt  of  the   money,   the   proceeds   of 
the  sale  of  said  bonds,  the  state  treasurer  shall  turn  over  the 
same  to  the  treasurer  of  the  agricultural  college,  and  it  shall  be 
disbursed  by  him  on  orders  of  the  executive  board  of  the  said 
agricultural  college,  in  the  erection  and  furnishing  of  a  suitable 
building  or  buildings  for  the  use  and  benefit  of  the  agricultural 
college  upon  plans  and  specifications  first  submitted  to  and  ap- 
proved by  the  state  board  of  education ;  Provided,  however  that 
the  general  supervision  of  the  construction  and  erection  of  such 
building  or  buildings  and  the  furnishing  and  equipping  thereof 
shall  be  under  the  control  of  the  state  board  of  education.     (Act 
approved  March  6,   1895). 

State  v.  Wright,  17  Mont.  77;  42  Pac.  103.  The  proper  cus- 
todian of  the  proceeds  of  the  'bonds  issued  under  Section 
1630,  supra,  is  the  treasurer  of  the  state  agricultural  col- 
lege, who  may,  by  mandamus,  compel  the  S'tate  treasurer 
to  pay  over  such  proceeds  . 


52  GENERAL   SCHOOL   LAW 

749.  (Sec.   1637.)     State  not  Liable  on  Bonds. — Nothing  in 
this  Act  shall  be  so  construed  as  to  in  anywise  hold  the  State 
of  Montana  liable  for  the  payment  of  the  bonds  herein  author- 
ized, or  interest  thereon.     (Act  approved  March  6,  1895). 

State  v.  Rice,  33  Mont.  390;   83  Pac.  878. 

750.  Refunding   Bonds. — The   state   board   of   land    commis- 
sioners of  the  State  of  Montana  is  hereby  authorized  to  issue 
bonds  to  the  amount  of  eighty  thousand   dollars    ($80,000.00), 
for  the  purpose  of  taking  up  and  redeeming  the  issue  of  one 
hundred  thousand  dollars  agricultural  college  bonds  heretofore 
issued  under  Sections   742    (1630)    to  749    (1637),   inclusive,   of 
the  Political  Code  .of  Montana,  now  outstanding,  and  redeem- 
able July  i,  1905.     The  minimum  denomination  of  such  bonds 
shall  be  two  hundred  and  fifty  dollars,  ($250.00),  and  the  maxi- 
mum   shall    be    one    thousand    dollars    ($1,000.00)    each.     Said 
bonds  shall  be  known  as  the  Montana  agricultural  college  re- 
funding bonds,  to  bear  date  July   I,   1905,  to  become   due  and 
payable   twenty    (20)    years   after   date,   and   to   be   redeemable 
(10)  years  after  date  thereof.     Said  bonds  shall  bear  interest  at 
a  rate  not  to  exceed  five  (5)  per  cent  per  annum,  and  as  much 
lower  as   the   state   board   of   land   commissioners    may   decide, 
payable  semi-annually  on  the  first  day  of  January  and  July  of 
each  year,  and  both  principal  and  interest  shall  be  payable  at 
the  office  of  the  state  treasurer  of  Montana.     Said  bonds  shall 
run  from  the  state  board  of  land  commissioners  of  the  State  of 
Montana  to  bearer,  and  shall  be  signed  by  the  state  board  of 
land    commissioners,    and    countersigned    by    the    secretary    of 
State  of  Montana,  who  shall  attach  his  seal  thereto ;  Provided, 
however,  that  nothing  in  this  Act  shall  be  so  construed  as  to 
hold  the  State  of  Montana  liable  for  the  payment  of  said  bonds 
or  the  interest  thereon.     (Act  approved  March  i,   1905).     (9th 
Sess.  Chap.  54). 

751.  Sale   of   Bonds.     The   bonds   provided   for   in   the   first 
section  of  this  Act  shall  be  issued  and  sold  at  public  or  private 
sale  as  hereinafter  provided,  as  soon  as  possible  after  the  pass- 
age and  approval  of  this  Act.     (Act  approved  March   i,   1905, 
Sec.  11.)     (9th  Sess.  Chap.  54). 

752.  Security  for  Payment  of  Bonds. — All  funds  arising  from 
the  sale,  or  leasing  of  the  lands,  interest  on  deferred  payments, 
and  licenses  to  cut  trees  thereon,   (being  fifty  thousand  acres) 
granted  by  the  United  States  to  the  State  of  Montana,  for  the 
•establishment  and  maintenance  of  an  agricultural  college,  under 


STATE    OF    MONTANA. 

and  by  virtue  of  the  provisions  of  Section  17,  of  the  Act  of  Con- 
gress, approved  February  22,  1899,  entitled  "An  Act  to  provide 
for  the  division  of  Dakota  into  two  states,  and  to  enable  the 
people  of  North  Dakota,  South  Dakota,  Montana  and  Washing- 
ton to  form  constitutions  and  state  governments,  and  to  be  ad- 
mitted into  the  Union  on  an  equal  footing  with  the  original 
states,  and  to  make  donations  of  public  lands  to  such  states," 
are  hereby  pledged  as  security  for  the  payment  of  the  principal 
and  interest  of  the  bonds  authorized  by  this  Act,  and  all  moneys 
or  revenues  derived  from  said  lands,  or  any  of  them,  whether 
on  account  of  sales,  leases,  sales  of  timber,  interest  or  other- 
wise, are  hereby  set  apart  and  shall  constitute  a  fund  for  the 
payment  as  hereinafter  provided,  of  the  principal  and  interest 
of  the  said  bonds,  which  refunding  bonds  shall  be  a  first  lien 
on  said  agricultural  college  bond  fund,  after  payment  there- 
from of  said  outstanding  bonds  as  herein  provided.  (Act  ap- 
proved March  i,  1905,  Sec.  3.)  (9th  Sess.  Chap.  54). 

753.  Duties  of  State  Treasurer. — It  shall  be  the  duty  of  the 
state  treasurer  to  keep  all  moneys  derived  from  the  agricultural 
college  lands  hereinbefore  mentioned  together  with  the  proceeds 
of  the  sale  of  the  bonds  herein  authorized  to  be  issued,  in  a  sep- 
arate fund,  to  be  known  and  designated  as  the  agricultural  col- 
lege bond  fund,  and  out  of  the  money  in  such  fund  he  shall 
pay,  after  approval  by  the  state  board  of  land  commissioners. 

a.  The  principal  and  accrued  interest  on  the  said  outstand- 
ing issue  of  one  hundred  thousand  dollars  agricultural  college 
bonds,  for  the  purpose  of  taking  up  and  redeeming  said  bonds 
as  hereinafter  provided. 

b.  The  cost  and  expense  of  the  issuing  and  sale  of  the  bonds 
herein  provided  for. 

c.  The  interest  on  the  bonds  herein  authorized. 

d.  When  such  refunding  bonds  become  redeemable  he  shall 
call  in  and  pay  them  as  rapidly  as  the  money  in  such  fund  will 
permit,  after  providing  for  the  interest.     In  the  event  that  there 
shall  not  be  sufficient  in  the  agricultural  college  bond  fund  to 
pay  the  interest  when  due,  the  state  board  of  land  commission- 
ers shall  by  an  order  entered  on  their  minutes,  cause  warrants 
to    be    issued    on    the    agricultural    college    bond    fund    for    the 
amount  of  the  interest  due,   and   the   warrants   so   issued   shall 
bear  interest  at  the  rate  of  five   (5)   per  cent  per  annum ;  said 
warrants  shall   be  paid   by  the  treasurer  as  soon  as   sufficient 
money  accumulates  in  said  fund  applicable  thereto  to  pay  the 


54  GENERAL   SCHOOL   LAW 

same,  and  by  reason  of  the  delivery  of  said  warrants  to  the 
holders  of  said  bonds  in  satisfaction  of  accrued  interest,  there 
shall  be  no  default  in  payment  of  the  interest.  (Act  approved 
March  i,  1905,  Sec.  4).  (gth  Sess.  Chap.  54). 

754.  Sale  of  Bonds,  Notice.— It  shall  be  the  duty  of  the  state 
.treasurer  to  give  notice  by  advertising  for  not  less  than  two 

weeks,  daily,  in  one  newspaper  published  in  the  city  of  Helena, 
and  one  newspaper  published  in  the  city  of  New  York,  that  he 
will,  on  the  tenth  day  of  April,  1905,  sell  the  eighty  thousand 
dollars  of  refunding  bonds,  hereby  authorized  and  will  receive 
bids  therefor,  and  said  bonds  shall  on  said  day  be  sold  to  the 
highest  bidder,  or  to  the  person  offering  to  take  the  same  at  the 
lowest  rate  of  interest,  as  may  be  directed  by  the  state  board 
of  land  commissioners.  If  no  bids  are  then  received,  or  if  none 
are  accepted,  said  bonds  may  be  sold  afterwards  at  private 
sale;  Provided,  that  the  said  board  of  land  commissioners  shall 
have  the  right  to  open,  receive  and  examine  all  bids  for  said 
bonds,  and  in  its  discretion  accept  or  reject  the  same,  and  pro- 
vided, further,  that  none  of  said  bonds  shall  at  any  time  be  sold 
for  less  than  par.  (Act  approved  March  i,  1905,  Sec.  5.)  (9th 
Sess.  Chap.  54). 

755.  Disposition  of  Proceeds. — The  moneys  derived  from  the 
sale  of  said  refunding  bonds  shall  be  placed  in  the  agricultural 
college  bond  fund,  out  of  which  shall  be  paid  the  principal  and 
interest  necessary  to  take  up  and  redeem  the  issue  of  one  hun- 
dred   thousand    dollars    ($100,000.00)    of    Montana    agricultural 
college  bonds  authorized  by  Section  742   (1630),  to  749  (1637), 
Political  code  of  Montana,  now  outstanding,  redeemable  July  i, 
1905.     It  shall  be  the  duty  of  the  state  treasurer  to  give  notice 
to  the  owners,  so  far  as  known,  of  the  said  Montana  agricul- 
tural  college  bonds   authorized  by   Section   742    (1630),   to   749 
(1637),  inclusive,  Political  Code,  that  he  will,  on  the  first  day  of 
July,   1905,  pay  the  principal  and  accrued  interest  on  the  said 
bonds,   and    that    interest   will    cease    from    and    after   the    said 
date ;  and  said  treasurer  shall  on  said  date  pay,  take,  up,  redeem, 
and,   under  the   direction   of   the   state  board   of  land   commis- 
sioners shall  cancel  said  bonds.     If  by  reason  of  delay  in  selling 
the  said  bonds  authorized  by  this  Act,  the  money  shall  not  be 
available  on  the  first  day  of  July,  1905,  the  state  treasurer  shall 
call   for,   take   up,   redeem   and   cancel   the   said   Montana   agri- 
cultural   college    bonds    at    the    earliest    date    practicable    after 


STATE    OF    MONTANA.  55 

such  money  shall  be  available.     (Act  approved  March   I,  1905, 
Sec.  6).     (9th  Sess.  Chap.  54). 

756.  Establishment  of  Experimental  Substation  in  Horticul- 
ture.— The  executive   board  of  the  Montana  Agricultural  Col- 
lege is  hereby  authorized  and  directed  to  establish  a  sub-sta- 
tion for  the  purpose  of  carrying  on  experimental  work  in  horti- 
culture, said  station  to  be  located  at  such  point  in  the  State  of 
Montana  as  said  board  may  select  Provided,  however,  that  the 
citizens    or    county    wherein    said    sub-station    is    located    shall 
donate  to  the  state  and  give  in  fee  simple  not  less  than  fifteen 
acres  of  suitable  land  including  a  perpetual  water  right  for  the 
same.     (Act  approved  March  7,  1907).     (loth  Sess.  Chap.  146). 

757.  Billings  Experimental  Station. — There  is  hereby  estab- 
lished to  be  located  within  three  miles  of  the  corporate  limits 
of  the  city  of  Billings,  Montana,  on  such  land  as  the  governor 
and  secretary  of  state  may  select,  a  substation  of  the  agricul- 
tural experimental  station  provided  for  in  Section  7  of. an  act 
of  the  legislature  entitled  "An  Act  providing  for  the  location 
and  establishment  of  the  Agricultural  College  of  the  State  of 
Montana,  and  an  Agricultural  Experimental  Station  in  connec- 
tion therewith,  enumerating  its  objects  and  purposes,  dedicating 
lands  for  the  use  of  the  same,  providing  for  the  government  and 
control    thereof,    and    accepting    and    adopting    the    provisions, 
donations    and    benefits    contained    in    the    Acts    of    Congress 
relating  thereto."     Approved   February   i6th,   1893.     That  said 
sub-station  shall  be  under  the  general  direction  of  the  experi- 
mental station  of  the  agricultural  college  of  the  State  of  Mon- 
tana,  and  its   immediate   direction   shall  be   in   charge   of  three 
persons  to  be  appointed  by  the  governor  by  and  with  the  con- 
sent of  the  senate,  two  of  whom  shall  reside  within  ten  miles 
of  the   sub-station,   said   persons   so   appointed   shall   constitute 
a  board  to  be  known  as  "Directors  of  the  Billings  Sub-Experi- 
mental Station."     Said  board  of  directors  shall  be  at  all  times 
subject   to  the   direction   and   control   of  the   said   experimental 
station  of  the  agricultural  college,  and  they  shall  serve  without 
compensation.     (Act   approved    March    7,    1903,    Sec.    I.)      (8th 
Sess.  Chap.  118'). 

758.  Same   Work   of    Sub-Station. — At    said    sub-station    ex- 
perimental work  shall  be   conducted  with   a  view   to   acquiring 
and  diffusing  useful  and  practical  information  on  subjects  con- 
nected with  agriculture  and  to  promote  scientific  investigation 


56  GENERAL   SCHOOL   LAW 

and  experiments  respecting  the  principal  and  application  of 
agricultural  science,  under  climatic  and  other  conditions  exist- 
ing in  the  vicinity  of  the  city  of  Billings.  (Act  approved  March 
7,  1903,  Sec.  2.)  (8th  Sess.  Chap.  118). 

759.  Lands  for  Sub-Station. — That  for  the  purpose  of  secur- 
ing title  to  the  land  selected  by  them  for  said  sub-station,  the 
governor  and  secretary  of  state  are  hereby  authorized  and  em- 
powered to  either  use  the  land  heretofore  acquired  by  the  state 
for  the  eastern  state  prison,  near  Billings  and  described  as: 

Each  and  all  of  the  lots  contained  in  each  and  all  of  the  fol- 
lowing named  and  numbered  blocks,  towit :  Blocks  numbered 
two  hundred  and  ninety-five  (295),  two  hundred  and  ninety- 
seven  (297),  two  hundred  and  ninety-eight  (298),  two  hundred 
and  ninety-nine  (299),  three  hundred  and  ten  (310),  three  hun- 
died  and  nineteen  (319),  three  hundred  and  twenty-seven  (327), 
three  hundred  and  thirty-one  (331),  three  hundred  and  thirty- 
two  (332),  and  three  hundred  and  twenty-six  (326)  ;  the  lots 
in  each  of  said  blocks  being  platted  and  numbered  consecu- 
tively from  one  (i)  to  twenty-four  (24)  both  inclusive,  and  the 
total  number  of  lots  in  all  of  said  blocks  being  two  hundred  and 
forty  (240)  :  Also  lots  numbered  seven  (7),  eight  (8),  nine  (9;, 
ten  (10),  eleven  (n),  twelve  (12),  thirteen  (13),  fourteen  (14), 
fifteen  (15),  sixteen  (16),  seventeen  (17),  and  eighteen  (18), 
in  block  numbered  two  hundred  and  ninety-four  (294)  ;  Also 
lots  numbered  one  (i),  two  (2),  three  (3),  four  (4),  five  (5), 
six  (6),  seven  (7),  eight  (8),  nine  (9),  ten  (10),  eleven  (n), 
twelve  (12),  in  block  numbered  three  hundred  and  nine  (309); 
Also  lots  numbered  thirteen  (13),  fourteen  (14),  fifteen  (15;, 
sixteen  (16),  seventeen  (17),  eighteen  (18),  nineteen  (19), 
twenty  (20),  twenty-one  (21),  twenty-two  (22),  twenty-three 
(23),  twenty-four  (24),  in  block  numbered  three  hundred  and 
thirty-three  (333),  also  lots  numbered  one  (i),  two  (2),  three 
(3),  four -(4),  seventeen  (17),  eighteen  (18),  nineteen  (19), 
twenty  (20),  twenty-one  (21),  twenty-two  (22),  twenty-three 
(23),  and  twenty-four  (24),  and  fractional  lots  numbered  five 
(5),  fifteen  (15),  and  sixteen  (16),  In  block  numbered  three 
hundred  and  twenty-eight  (328)  ;  Also  lots  numbered  twenty- 
one  (21),  twenty- two  (22),  twenty-three  (23),  and  twenty-four 
(24),  in  block  numbered  three  hundred  and  twenty  (320)  ;  also 
all  of  the  unplatted  lots  or  fractions  of  lots  in  any  -and  all  of 
said  blocks  numbered  three  hundred  and  twenty-eight  (328), 


STATE    OF    MONTANA.  57 

and  three  hundred  and  twenty  (320)  :  all  and  singular  the  said 
lots  and  parts  of  lots,  and  all  and  singular  the  said  blocks  and 
parts  of  blocks  being  in  the  first  addition  to  the  town  of  Bil- 
lings, ,  in  the  county  of  Yellowstone  and  State  of  Montana, 
according  to  the  plat  of  the  said  first  addition  to  the  said  town 
of  Billings,  now  on  file  and  of  record  in  the  office  of  the  clerk 
and  recorder  of  the  said  county  of  Yellowstone ;  also  all  and 
singular  the  several  tracts,  pieces  or  parcels  of  land  contained  in 
the  following  bounded  and  described  parts  of  streets  and 
avenues,  and  in  the  following  described  alleys,  situate  in  the 
aforesaid  town  of  Billings,  and  in  the  aforesaid  first  addition 
thereto,  to-wit :  All  that  portion  of  Ninth  (9th)  avenue  north  ly- 
ing and  being  included  between  the  extremely  easterly  line  of 
North  Nineteenth  (i9th)  street  and  the  extreme  westerly  line  of 
North  Fifteenth  (i5th)  street;  all  -that  portion  of  Tenth  (loth) 
avenue  north  lying  and  being  included  between  the  extreme 
easterly  line  of  North  Nineteenth  (i9th)  street  and  the 
extreme  westerly  line  of  North  Fifteenth  (i5th)  street;  all  that 
portion  of  Eleventh  (nth)  avenue  north  lying  and  being  in- 
cluded between  the  extreme  westerly  line  of  North  Eighteenth 
street  and  the  extreme  westerly  line  of  North  Fifteenth 
street;  all  that  portion  of  Twelfth  Avenue  North  lying  and 
being  east  of  the  extreme  westerly  line  of  North  Eighteenth 
(iSth)  street;  all  that  portion  of  Thirteenth  (i3th)  avenue 
North  lying  and  being  east  of  the  extreme  westerly  line  of 
North  Eighteenth  street ;  all  that  portion  of  North  Eighteenth 
street  lying  and  being  north  of  the  extreme  southerly  line  of 
Ninth  (9th)  Avenue  North ;  all  that  portion  of  North  Seven- 
teenth (i/th)  street  lying  and  being  North  of  the  extreme 
northerly  line  of  Eighth  (8th),  Avenue  North,  and  all  that 
portion  of  North  Sixteenth  (i6th)  street  lying  and  being  north 
of  the  extreme  northerly  line  of  Eighth  (8th)  Avenue  North; 
also  each  and  all  of  the  alleys  contained  in  each  and  all  of  the 
following  named  and  numbered  blocks,  to-wit:  Blocks  num- 
bered three  hundred  and  nineteen  (319),  three  hundred  and 
twenty  (320),  three  hundred  twenty-six  (326),  three  hundred 
twenty-seven  (327),  three  hundred  nine  (309),  three  hundred 
ten  (310),  three  hundred  thirty-two  (332),  three  hundred  and 
thirty-one  (331),  three  hundred  thirty-three  (333),  two  hun- 
dred ninety-eight  (298),  two  hundred  ninety-seven  (297),  two 
hundred  ninety-nine  (299),  two  hundred  ninety-four  (294),  and 


58  GENERAL   SCHOOL   LAW 

two  hundred  and  ninety-five  (295)  ;  each  and  all  of  the  afore- 
said blocks  and  the  alleys  therein  being  in  the  first  addition 
to  the  aforesaid  town  of  Billings,  in  the  said  county  of  Yellow- 
stone and  State  of  Montana,  or  if  such  land,  in  their  judgment 
is  not  suitable  for  the  purpose  of  such  sub-experimental  sta- 
tion, then  they  shall  and  are  hereby  empowered  to  convey  such 
land  described  as  aforesaid  in  exchange  for  such  suitable  trad 
of  land  for  the  sub-experimental  station  as  they  may  deem  uf 
at  least  equal  value.  (Act  approved  March  7,  1903.)  (8th 
Sess.  Chap.  118). 

760.  Governor  and  Secretary  of  State  to  Select  Site. — The 
governor  and  secretary  of  state  shall  make  selection  of  the  land 
provided  for  within  sixty  days  after  the  approval  of  this  act, 
and  within  ninety  days  thereafter  the  State  of  Montana  shall 
make  provision  for  maintenance  of  said   sub-experimental   sta- 
tion.    (Act  approved  March  7,  1903,  Sec.  4).     (8th  Sess.  Chap. 
118). 

761.  Use  of  Bozeman  Funds  Prohibited. — It  shall  be  unlaw- 
ful under  any  circumstances  to  use  any  funds  appropriated  for 
the  experiment  station  at  Bozeman  for  the  support  or  mainten- 
ance of.  said  sub-station.     (Act  approved  March  7,  1903,  Sec.  5). 
(8th  Sess.  Chap.  118). 

762.  State  Board  of  Land  Commissioners  May  Sell  Lands. — 
The  state  board  of  land  commissioners  is  hereby  empowered  to 
sell  and  dispose  of  all  lands  acquired  under  and  by  virtue  of  the 
provisions    of    Chapter    118,    Session    Laws    of    1903.     (Section 
759),  upon  the  same  terms  and  conditions  as  provided  by  law 
for    the    sale    and    disposition    of    all    other    state    lands.     (Act 
approved  March  9,  1907).     (loth  Sess.  Chap.  188). 

763.  Experimental  Sub-Station  Located  in  Fergus  County. — 
That  there  is  hereby  established,  to  be  located  in  Fergus  county, 
Montana,  on  such  land  as  may  be  donated  to  the  State  of  Mon- 
tana and  accepted   by  the  governor  and  secretary  of   state   as 
suitable  for  the  purpose,  a  sub-station  of  the  agricultural   ex- 
perimental station  provided  for  in  Section  7  of  an  Act  of  the 
legislative  assembly  of  the  state  of  Montana,  entitled  "An  Act 
providing  for  the  location  and  establishment  of  the  agricultural 
college   of  the   State  of   Montana,   and   an   agricultural   experi- 
mental station  in  connection  therewith,  enumerating  its  objects 
and  purposes,  dedicating  lands  for  the  use  of  the  same,  provid- 
ing for  the  government  and  control  thereof,  and  accepting  and 


STATE    OF    MONTANA.  59 

adopting  the  provisions,  donations  and  benefits  contained  in 
the  Acts  of  Congress  relating  thereto,"  approved  February  16, 
1893.  (Section  738).  Said  sub-station  shall  be  under  the  direc- 
tion of  the  experimental  station  of  the  agricultural  college  of 
the  State  of  Montana.  (Act  approved  March,  1907,  Sec.  i). 
(loth  Sess.  Chap.  189). 

764.  Authority  of  Governor  to  Accept  Site. — The  governor 
and  secretary  of  state  are  hereby  authorized  to  accept  on  be- 
half of  the  state,  donation  or  donations  of  land  for  such  pur- 
poses, provided  such  land  be  conveyed  to  the  state  in  fee  simple, 
and  be  free  of  all  encumbrances  and  the  title  to  the  same  be 
good.     (Act  approved  March,  1907,  Sec.  2).     (loth  Sess.  Chap. 

189). 

765.  Acceptance  of  Donations  of  Money  and  Material. — The 
said  college  is  authorized  to  receive  donations  of  money,  imple- 
ments, building  materials,  animals  and  supplies  for  the  use  of 
said  sub-station.     (Act  approved  March,   1907,  Sec.  4).     (loth 
Sess.  Chap.  189). 

766.  State  Entomologist  of  Montana. — The  entomologist  of 
the    Montana   Agricultural    College    and    Experimental    Station 
shall   be  known   as.  the   state   entomologist   of  Montana.     (Act 
approved  March  5,  1907,  Sec.  i).     (loth  Sess.  Chap  103). 

767.  Duties  of  State  Entomologist. — It  shall  be  the  duty  of 
the  state  entomologist  to  conduct  field  investigations  of  the  injur- 
ious insects  of  fruits,  vegetables,  grains,  grasses,  forage  crops, 
including    clover    and    alfalfa,    root    crops,    shade    trees,    orna- 
mental plants,   and   any  other  insects  that  may  become   injur- 
ious.    When  it  becomes  known  to  the  state  entomologist  that 
an  outbreak  of  an  insect  has  occurred  in  any  part  of  the  state, 
it  shall  be  his  duty,  so  far  as  is  possible  without  conflicting  with 
his  other  duties,  to  go  to  the  scene  of  the  outbreak  or  send  a 
suitably    qualified    assistant.     The    state    entomologist    or    said 
assistant  shall  determine  the  extent  and  seriousness  of  the  out- 
break, and,  when  necessary  publish  or  make  public  demonstra- 
tion   of    the    best    remedies    to    be    employed.     (Act    approved 
March  5,  1907,  Sec.  2.)      (loth  Sess.  Chap.  103). 

768.  Annual  Report. — The   entomologist   shall   make   an   an- 
nual report  to  the  governor  of  the  state,  on  or  before  the  first 
day  of  January,  which  report  shall  be  published  by  the  experi- 
ment station  as  one  of  its  regular  bulletins,  and   shall   contain 
a  report  of  his   work  and   expenditures   under  this   Act.     (Act 
approved  March   5.   1907,  Sec.   3).     (loth   Sess.   Chap.   103). 


58  GENERAL   SCHOOL   LAW 

two  hundred  and  ninety-five  (295)  ;  each  and  all  of  the  afore- 
said blocks  and  the  alleys  therein  being  in  the  first  addition 
to  the  aforesaid  town  of  Billings,  in  the  said  county  of  Yellow- 
stone and  State  of  Montana,  or  if  such  land,  in  their  judgment 
is  not  suitable  for  the  purpose  of  such  sub-experimental  sta- 
tion, then  they  shall  and  are  hereby  empowered  to  convey  such 
land  described  as  aforesaid  in  exchange  for  such  suitable  tract 
of  land  for  the  sub-experimental  station  as  they  may  deem  uf 
at  least  equal  value.  (Act  approved  March  7,  1903.)  (8th 
Sess.  Chap.  118). 

760.  Governor  and  Secretary  of  State  to  Select  Site. — The 
governor  and  secretary  of  state  shall  make  selection  of  the  land 
provided  for  within  sixty  days  after  the  approval  of  this  act, 
and  within  ninety  days  thereafter  the  State  of  Montana  shall 
make  provision  for  maintenance  of  said   sub-experimental   sta- 
tion.    (Act  approved  March  7,  1903,  Sec.  4).     (8th  Sess.  Chap. 
118). 

761.  Use  of  Bozeman  Funds  Prohibited. — It  shall  be  unlaw- 
ful under  any  circumstances  to  use  any  funds  appropriated  for 
the  experiment  station  at  Bozeman  for  the  support  or  mainten- 
ance of.  said  sub-station.     (Act  approved  March  7,  1903,  Sec.  5). 
(8th  Sess.  Chap.  118). 

762.  State  Board  of  Land  Commissioners  May  Sell  Lands. — 
The  state  board  of  land  commissioners  is  hereby  empowered  to 
sell  and  dispose  of  all  lands  acquired  under  and  by  virtue  of  the 
provisions    of    Chapter    118,    Session    Laws    of    1903.     (Section 
759),  upon  the  same  terms  and  conditions  as  provided  by  law 
for   the    sale    and    disposition    of    all    other    state    lands.     (Act 
approved  March  9,  1907).     (loth  Sess.  Chap.  188). 

763.  Experimental  Sub- Station  Located  in  Fergus  County. — 
That  there  is  hereby  established,  to  be  located  in  Fergus  county, 
Montana,  on  such  land  as  may  be  donated  to  the  State  of  Mon- 
tana and  accepted   by  the  governor  and  secretary  of   state   as 
suitable  for  the  purpose,  a  sub-station  of  the  agricultural   ex- 
perimental station  provided  for  in  Section  7  of  an  Act  of  the 
legislative  assembly  of  the  state  of  Montana,  entitled  "An  Act 
providing  for  the  location  and  establishment  of  the  agricultural 
college   of  the   State  of   Montana,   and   an   agricultural   experi- 
mental station  in  connection  therewith,  enumerating  its  objects 
and  purposes,  dedicating  lands  for  the  use  of  the  same,  provid- 
ing for  the  government  and  control  thereof,  and  accepting  and 


STATE    OF   MONTANA.  59 

adopting  the  provisions,  donations  and  benefits  contained  in 
the  Acts  of  Congress  relating  thereto,"  approved  February  16, 
1893.  (Section  738).  Said  sub-station  shall  be  under  the  direc- 
tion of  the  experimental  station  of  the  agricultural  college  of 
the  State  of  Montana.  (Act  approved  March,  1907,  Sec.  i). 
(loth  Sess.  Chap.  189). 

764.  Authority  of  Governor  to  Accept  Site. — The  governor 
and  secretary  of  state  are  hereby  authorized  to  accept  on  be- 
half of  the  state,  donation  or  donations  of  land  for  such  pur- 
poses, provided  such  land  be  conveyed  to  the  state  in  fee  simple, 
and  be  free  of  all  encumbrances  and  the  title  to  the  same  be 
good.     (Act  approved  March,  1907,  Sec.  2).     (loth  Sess.  Chap. 
189). 

765.  Acceptance  of  Donations  of  Money  and  Material. — The 
said  college  is  authorized  to  receive  donations  of  money,  imple- 
ments, building  materials,  animals  and  supplies  for  the  use  of 
said  sub-station.     (Act  approved  March,   1907,  Sec.  4).     (loth 
Sess.  Chap.  189). 

766.  State  Entomologist  of  Montana. — The  entomologist  of 
the    Montana   Agricultural    College    and    Experimental    Station 
shall  be  known  as.  the  state   entomologist  of  Montana.     (Act 
approved  March  5,  1907,  Sec.  i).     (loth  Sess.  Chap  103). 

767.  Duties  of  State  Entomologist. — >It  shall  be  the  duty  of 
the  state  entomologist  to  conduct  field  investigations  of  the  injur- 
ious insects  of  fruits,  vegetables,  grains,  grasses,  forage  crops, 
including    clover    and    alfalfa,    root    crops,    shade    trees,    orna- 
mental plants,  and   any  other  insects  that  may  become   injur- 
ious.    When  it  becomes  known  to  the  state  entomologist  that 
an  outbreak  of  an  insect  has  occurred  in  any  part  of  the  state, 
it  shall  be  his  duty,  so  far  as  is  possible  without  conflicting  with 
his  other  duties,  to  go  to  the  scene  of  the  outbreak  or  send  a 
suitably    qualified    assistant.     The    state    entomologist    or    said 
assistant  shall  determine  the  extent  and  seriousness  of  the  out- 
break, and,  when  necessary  publish  or  make  public  demonstra- 
tion   of    the    best    remedies    to    be    employed.     (Act    approved 
March  5,  1907,  Sec.  2.)      (loth  Sess.  Chap.  103). 

768.  Annual  Report. — The   entomologist   shall   make   an   an- 
nual report  to  the  governor  of  the  state,  on  or  before  the  first 
day  of  January,  which  report  shall  be  published  by  the  experi- 
ment station  as  one  of  its  regular  bulletins,  and  shall   contain 
a  report  of  his  work  and   expenditures   under  this   Act.     (Act 
approved  March   5.   1907,  Sec.   3).     (loth   Sess.   Chap.   103). 


60  GENERAL   SCHOOL   LAW 

769.  Expenses. — The  state  entomologist  shall  receive  no 
compensation  for  his  services  other  than  what  he  may  receive 
from  the  Montana  Agricultural  College  and  Experiment  Sta- 
tion, but  the  actual  traveling  expenses  of  himself  or  assistant, 
together  with  such  office  or  laboratory  expenses  as  result  from 
the  work  contemplated  under  this  Act,  not  to  exceed  five  hun- 
dred dollars  ($500.00),  per  annum,  shall  be  paid,  and  such  sum 
is  hereby  annually  appropriated  for  the  purposes  of  this  Act  out 
of  any  moneys  in  the  state  treasury,  not  otherwise  appro- 
priated. Upon  the  certification  of  the  Secretary  of  the  execu- 
tive board  of  the  Montana  Agricultural  College  and  director 
of  the  Agricultural  Experiment  Station,  the  state  auditor  Is 
authorized  to  issue  warrants  to  cover  the  traveling  expenses 
of  the  state  entomologist  while  engaged  in  carrying  out  the 
provisions  of  this  Act.  (Act  approved  March  5,  1907,  Sec.  4). 
(loth  Sess.  Chap.  103). 

SENATE  BILL  75. 
Agricultural    Experimental    Station. 

Description  of  land  to  be   purchased. 

Board  of  lani  commissioners  may  pay  for  same  from  proceeds  of 
•sale  of  lands  of  the  agricultural  college  lan-1  grant. 

Prices  to  bo   paid   for  the  -wparaf:  >  tracts'  purchased. 

Title  to  vest  in  Mate  and  in  case  of  sale  the  proceeds  to  be  returned 
to  the  permanent  fund  of  the  agricultural  college. 

An  Act  to  authorize  and  direct  the  Montana  state  board  of 
land  commissioners  to  purchase  certain  lands  for  the  benefit 
and  use  of  the  Agricultural  Experiment  Station  connected  with 
and  a  department  of  the  Montana  Agricultural  College  at  Boze- 
man,  Montana. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana: 

Section  I.  That  the  Montana  state  board  of  land  commis- 
sioners are  hereby  authorized  and  directed  to  purchase  for  the 
benefit  and  use  of  the  Agricultural  Experiment  Station  con- 
nected with  and  a  department  of  the  Agricultural  College  at 
Bozeman,  Montana,  the  following  lands  situated  in  Gallatin 
County,  Montana,  to-wit:  The  northwest  quarter  of  section 
fourteen  (14),  in  township  two  (2),  south  of  range  five  (5), 
east,  and  blocks  numbered  eight  (8),  and  nine  (9),  in  Capitol 
Hill  Addition  to  the  city  of  Bozeman,  Montana. 


STATE    OF    MONTANA.  61 

Section  2.  That  the  said  Montana  state  board  of  land  com- 
missioners are  empowered  and  directed  to  use  for  the  payment 
of  the  purchase  price  of  the  lands  described  in  Section  i  of  this 
Act,  the  sum  of  eig-hteen  thousand  and  eight  hundred  dollars 
($18,800)  or  so  much  thereof  as  may  be  necessary  out  of  the 
proceeds  from  the  sale  of  lands  granted  to  the  State  of  Mon- 
tana for  the  use  and  support  of  an  agricultural  college  in  ac- 
cordance with  Section  five  (5),  of  the  Act  of  Congress  entitled, 
"An  Act  donating  public  lands  to  the  several  states  and  terri- 
tories which  may  provide  colleges  for  the  benefit  of  agriculture 
and  mechanic  arts,"  approved  July  2,  1862,  and  by  Section  Six- 
teen (16)  of  an  Act  of  Congress  approved  February  22,  1889, 
entitled,  "An  Act  to  provide  for  the  division  of  D'akota  into 
two  states  and  to  enable  the  people  of  North  Dakota,  South 
Dakota,  Montana  and  Washington  to  form  constitutions  and 
to  be  admitted  into  the  Union  on  an  equal  footing  with  the 
original  states  and  to  make  donations  of  lands  to  such  states;" 
that  of  the  sum  of  eighteen  thousand  eight  hundred  dollars 
($18,800)  mentioned  in  this  section,  the  sum  of  sixteen  thou- 
sand dollars  ($16,000)  is  to  be  used  for  the  purchase  of  the 
northwest  quarter  of  Section  Fourteen  (14),  in  Township  Two 
(2),  south  of  Range  Five  (5),  east,  situate  in  Gallatin  county, 
Montana,  and  the  sum  of  two  thousand  eight  hundred  dollars 
($2,800)  is  to  be  used  for  the  purchase  of  blocks  numbered 
eight  (8)  and  nine  (9),  in  Capitol  Hill  Addition  to  the  city  of 
Bozeman,  Montana. 

Section  3.  That  the  title  to  said  lands  when  purchased  shall 
vest  in  the  State  of  Montana  and  whenever  said  lands  are  sold 
or  otherwise  disposed  of  the  proceeds  therefrom  shall  be  re- 
turned to  the  permanent  fund  of  the  Montana  Agricultural 
College.  -  ;. 

Section  4.  This  Act  shall  take  effect  and  be  in  full  force 
after  its  passage  and  approval. 

Approved  March  2,   1909. 


64  GENERAL    SCHOOL    LAW 

issued  and  sold  as  soon   as  possible   after  the  passage  of  this 
act.     (Act   approved    March    15,    1895). 

780.  (Sec.  1659.)  State  Normal  School  Bond  Fund. — All  funds 
realized  from  the  sale  or  leasing  of  the  lands   (being  one  hun- 
dred   thousand   acres)    granted    by    the    United    States    to    the 
State  of  Montana  for  the  establishment  and  maintenance  of  ?. 
state    normal    school    under    and    by    virtue    of    the    provisions 
of  Sec.  17  of  the  act  of  congress,  approved  February  22,   1889, 
entitled   "An  Act   to   provide   for   the   division   of   Dakota   into 
two  states  and  to  enable   the  people   of  North   Dakota,   South 
Dakota,   Montana   and   Washington   to   form   constitutions   and 
state   governments   and  to   be   admitted   into   the  union   on   an 
equal  footing  with  the  original  states,  and  to  make  donations 
of  public  lands  to  such  states,"  are  hereby  pledged  as  security 
for    the   payment   of    the    principal    and    interest  of    the    bonds 
authorized   by    this    act,    and   all    moneys   or    revenues    derived 
from   the   said   lands   or  any   of   them,   whether  on   account   of 
sales,    leases,    sales    of    timber    or    otherwise,    are    hereby    set 
apart  and  shall   constitute   a  fund   for   the  payment  as   herein- 
after provided  of  the  principal  and  interest  of  the  said  bonds, 
which   shall   be   a  first   lien  on   said   state   normal   school   bond 
fund.     (Act    approved    March    15,    1895). 

781.  (Sec.   1660).     Interest  Warrants. — It  shall  be  the  duty 
of   the   state    treasurer   to   keep    all    moneys    derived    from    the 
state  normal  school  lands  hereinbefore  mentioned  in  a  separate 
fund,  to  be  known  and  designated  as  the  state  normal  school 
bond  fund,  and  O'Ut  of  the  moneys  in  such  fund  he  shall  pay, 
after  approval  by  the   state  board   of  examiners,    (a)    the   cost 
and  expense  of  issuing  of  the  bonds  herein  provided  for,    (b) 
the  interest  on  the  bonds  herein  authorized,  when  due  and   (c) 
when  such  bonds  shall  become  payable,  he  shall  call  in  and  pay 
them  as  rapidly  as  the  money  in  such  fund  will  permit,   after 
providing  for  the  interest,  and  in  the  event  there  shall  not  be 
sufficient  funds  in  the  state  normal  school  bond  fund  to  pay  the 
interest   when   due   the   board   of   state   examiners   shall,   by   an 
order  entered  upon  their  minutes,  cause  warrants  to  be  issued 
on 'the  state  normal   school  bond  fund  for  the   amount  of  the 
interest   clue,   and   the   warrants    so   issued   shall   draw   interest 
at  the  rate  of  six  per  cent,  per  annum ;  and  said  warrants  shall 
be  paid  by  the  treasurer  as  soon  as  sufficient  funds  accumulate 
in   said   fund   to   pay  the   same ;   and   by   reason  of  delivery   of 


STATE    OF    MONTANA.  65 

said  warrants  to  the  holders  of  said  bonds  in  satisfaction  of 
accrued  interest,  there  shall  be  no  default  in  the  payment  of 
interest.  (Act  approved  March  15,  1895). 

782.  (Sec.  1661.)     Advertisement  of  Sale  of  Bonds. — It  shall 
be  the  duty  of  the  state  treasurer  to  give  notice  by  advertising 
for  not  less  than  two  insertions  in  one  newspaper  published  in 
the  city  of  Helena,  Montana,  and  in  one  newspaper  published  in 
the  city  of  New  York,  N.  Y.,  that  he  will  on  the  second   day 
of  April,   1895,  sell   fifty  thousand   dollars  of  the   bonds  herein 
authorized,  and  will  receive  bids  therefor,  and  said  bonds  shall 
on  said  day  be  by  him  sold  to  the  highest  bidder.     If  no  satis- 
factory bids  are  then  received,  said  bonds  may  then  be  re-ad- 
vertised or  may  be  sold  afterwards  at  private  sale ;  Provided, 
however,   that   none   of   said   bonds   shall    at   any   time   be    sold 
at    less    than    par.     (Act    approved    March    15,    1895). 

783.  (Sec.    1662.)      Disposition  of  Proceeds   of   Bonds. — The 
money   derived   from   the   sale   of   said   bonds   shall   be   used   to 
erect,    furnish   and   equip   buildings   for   the   use   and   benefit    of 
the   state   normal   school  of  the   state   of   Montana,   at   the   city 
of  Dillon,  in  said  state.     (Act  approved  March   15,   1895). 

784.  (Sec.    1663.)     Buildings   of  School. — Immediately   upon 
receipt  of  the  money,  the  proceeds   of  the  sale  of  said  bonds, 
the  state  treasurer  shall  turn  over  the  same  to  the  treasurer  of 
the  state  normal   school,  and   it  shall  be  disbursed  by  him,  on 
orders  of  the  executive  board  of  the  said  state   normal   school, 
in  the  erection  and  furnishing  of  a  suitable  building  or  build- 
ings for  the  use  and  benefit  of  the   state   normal   school,   upon 
plans    and    specifications    first    submitted    to    and    approved    by 
the    state    board    of    education ;    Provided,    however,    that    the 
general    supervision    of   the    construction    and    erection    of   such 
building  or  buildings  and  the  furnishing  and  equipping  thereof 
shall  be  under  the  control  of  the  state  board  of  education,  upon 
plans    and    estimates    first    submitted    to    and    approved    by    the 
state  board  of  education.      (Act  approved  March  15,  1895). 

785.  (Sec.    1664.)      State  not  Liable  on  Bonds. — Nothing   in 
this  act  shall  be  so  construed  as  to  in  any  wray  hold  the  state 
of  Montana   liable  for  the  payment   of  the   bonds   herein   auth- 
orized,   or    the    interest    thereon.      (Act    approved    March     15, 
1895). 

Section   786.     Investment   of   State    Normal   School   Funds. — 
The     state     board     of     land     commissioners     is     herebv     auth- 


66  GENERAL   SCHOOL   LAW 

orized  and  required  to  invest  and  keep  invested  all 
moneys  belonging  to  the  permanent  normal  school  fund,  in 
any  state,  county,  city  or  school  district  securities  of  this 
state,  and  in  any  state  capitol  building  bonds  now  issued  or 
which  may  be  hereafter  issued,  and  in  first  mortgages  on  farm 
land  in  this  state,  as  provided  in  Section  2196  as  herem 
amended,  which  in  its  judgment  is  a  safe  investment.  The 
board  may  make  its  bids  for  any  of  state  securities  in  the  same 
manner  as  private  persons,  and  under  no  restrictions  other 
than  those  imposed  upon  private  persons  seeking  investments 
herein.  (Act  approved  March  4,  1909). 

787.  Same. — That    the    state    board    of    land    commissioners 
of  the  State  of  Montana  may,  ana  they  are  hereby  directed  and 
authorized  to  invest  any  and  all  sums  of  money  now  in  the  state 
normal    school   bond    fund    not   necessary    for    the    payment   of 
interest  on  bonds  outstanding  against  said  fund,  in  such  secur- 
ities,  at  such  rate  of  interest,   for  such  time,   and   under   such 
conditions  as  such  board  may  deem  advisable.     (Act  approved 
March    5,    1903.     Sec.    i).     (8th    Sess.    Chap.    91). 

788.  Redemption  of  Bonds. — That  said   board  be,   and   it  is 
hereby  authorized  and   directed  to  use  and  apply   any  and  all 
moneys  in  said  bond  fund  as  may  be  deemed  advisable  and  not 
necessary   for   the   payment   of   interest   on   bonds   outstanding 
against   said   fund,   to   the   purchase   and   redemption   of   all   or 
any    of    such    bo>nds    heretofore    issued    and    now    outstanding 
against  said  fund,  which  can  be  purchased  at  a  fair  and  satis- 
factory   price,    and    before    the    period    when    said    bond    shall 
become  due  and  payable  by  operation  of  law,  and  to  pay  for  said 
bond  such  premium,  or  sums,  in  addition  to  the  par  value  of 
same    as    such    board    may,    in    their    discretion    deem    for    the 
best  interest  of  said  fund.     Provided,  that  said  board  shall   at 
no   time  pay,  or  cause   to   be  paid  for  said  outstanding  bonds 
or  any  thereof,   a  sum   larger  than   the   par  value   thereof   and 
the  interest  yet  to  accrue   thereon   in  addition  to   the   said  par 
value.     (A'ct   approved    March    5th,    1903,    Sec.   2).     (8th    Sess. 
Chap.   91). 

789.  Duty  of  Auditor. — The  state  auditor  is  hereby  author- 
ized  and  directed  to  draw  his  warrants  on  the  said  bond  fund 
for  the  payment  of  any  and  all  of  said  bonds  so  purchased  by 
reason  thereof.     (Act  approved  March  5th,  1903,  Sec.  3).     (8th 
Sess.   Chap.   91). 


STATE    OF    MONTANA.  67 

790.  Securities,  How  Paid  For. — Whenever  the  board  has 
purchased  any  securities  as  provided  in  Section  I  of  this  Act 
(Sec.  786.)  and  the  same  are  duly  executed  and  delivered 
to  the  President  of  the  board,  the  board  shall  direct  the  state 
auditor  to  draw  his  warrant  upon  the  state  treasurer  for  the 
amount  thereof  specifying  the  fund  upon  which  and  the  per- 
son in  whose  favor  the  said  warrant  shall  be  drawn,  whereupon 
the  state  auditor  shall  draw  a  warrant  upon  the  state  treasurer 
accordingly,  which  warrant  shall  be  delivered  to  the  president 
of  the  state  board  of  land  commissioners  and  shall  be  paid  by 
the  state  treasurer  upon  the  delivery  to  him  of  the  purchase 
securities ;  provided  that  the  state  treasurer  shall  purchase 
interest  bearing  warrants  issued  against  any  fund  whenever 
ordered  so  to  do  by  the  state  board  of  land  commissioners. 
(Act  approved  March  3d,  1903,  Sec.  2).  (8th  Sess.  Chap.  47). 


SENATE  BILL  73. 

Investment  of  permanent  funds  of  state  normal  school. 
State  board   of  land   commissioners   may  make  bids. 
Permanent    school    and    permanent    university    fund,    how    invested. 
Mortgages  on  farm  lands. 

Board  of  land  commissioners  may  appoint  appraisers  of  lands. 
Term  for  which  mortgage   shall  run. 
Interest. 

Payment  of  principal  and  interest  of  mortgages    in   installments. 
Kind   of   lands    upon   which    mortgage    loans   may   be   made   and   to 
what  person's. 

When  mortgages  may  be   satisfied. 

Abstracts. 

Attorney  general   shall  examine  abstracts. 

Costs  of  appraisement. 

An  Act  to  amend  Sections  786  and  2196  and  2197  of  the  Re- 
vised Codes  of  the  State  of  Montana  of  1907,  concerning  the 
investment  of  the  funds  of  the  state  normal  school,  permanent 
university  funds,  permanent  agricultural  college  funds  and 
permanent  school  funds. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana. 

Section  I.  That  Section  786  of  the  Revised  Codes  of  the 
State  of  Montana  of  1907,  be,  and  the  same  is  hereby  amended 
so  as  to  read  as  follows : 

Section    786.     The    state    board    of    land    commissioners    is 


68  GENERAL   SCHOOL    LAW 

hereby  authorized  and  required  to  invest  and  keep  invested  all 
moneys  belonging  to  the  permanent  normal  school  fund,  in  any 
state,  county,  city  or  school  district  securities  of  this  state,  and 
in  any  state  capitol  building  bonds  now  issued  or  which  may 
be  hereafter  issued,  and  in  first  mortgages  on  farm  land  in 
this  state,  as  provided  in  section  2196  as  herein  amended,  which 
in  its  judgment  is  a  safe  investment.  The  board  may  make  its 
bids  for  any  of  state  securities  in  the  same  manner  as  private 
persons  and  under  no  restrictions  other  than  those  imposed 
upon  private  persons  seeking  investments  herein. 

Section  II.  That  Section  2196  of  the  Revised  Codes  of  the 
state  of  Montana  of  1907  be,  and  the  same  is  hereby  amended 
SO'  as  to  read  as  follows. 

Section  2196.  All  moneys  belonging  to  the  permanent  school 
and  permanent  university  funds  must  be  invested : 

First.  In  bonds  of  the  State  of  Montana  or  of  the  United 
States. 

Second.  In  interest  bearing  warrants  upon  the  general  fund 
of  the  state. 

Third.  In  such  bonds  of  the  several  counties  and  cities  of 
the  state  as  the  board  deems  most  safe  and  secure. 

Fourth.  In  bonds  of  school  districts  within  the  State  of  Mon- 
tana provided,  that  before  any  such  moneys  are  so  invested, 
the  board  must  be  satisfied  that  the  bonds,  so  as  to  be  negotiat- 
ed are  the  only  bonds  issued  by  the  school  district,  and  that  the 
outstanding  indebtedness  of  such  district  does  not  exceed,  three 
per  cent  upon  valuation  of  the  property  within  it. 

Fifth.  In  any  state  capitol  building  bonds  of  the  State  of 
Montana,  now  issued,  or  which  may  be  hereafter  issued. 

Sixth.  In  first  mortgages  on  farm  lands  in  the  state,  not 
exceeding  in  amount  one-third  (*/$)  of  the  actual  value  of  any 
subdivision  on  which  the  same  may  be  loaned,  such  value  to  be 
determined  by  the  state  board  of  land  commissioners,  who  may 
appoint  appraisers  for  said  purpose,  as  in  cases  of  appraise- 
ments of  state  lands.  The  said  first  mortgages  on  farm  lands, 
and  each  of  them  shall  run  for  a  period  of  not  exceeding  ten 
(10)  years,  and  the  funds  so  invested  shall  draw  interest  at  the 
rate  of  six  per  cent  (6%)  per  annum;  said  interest  together 
with  ten  per  centum  of  the  whole  amount  of  the  principal 
shall  be  paid  in  annual  installments,  and  the  interest  when 


STATE    OF    MONTANA.  69 

paid  shall  be  converted  into  and  become  a  part  of  the  funds 
of  such  institution. 

Such  first  mortgage  loans  shall  only  be  made  upon  cultivated 
lands  within  the  state  to  which  shall  be  appurtenant  a  sufficient 
water  right,  the  title  to  which  has  been  adjudicated  as  in  the 
owner  of  said  lands,  and  to  persons  who  are  actual  residents 
thereof,  and  in  no  case  on  lands  of  which  the  appraised  value 
is  less  than  ten  ($10.00)  dollars  an  acre.  Any  and  all  of  said 
mortgages  which  run  for  a  greater  period  than  five  (5)  years 
may  be  satisfied  at  any  time  after  five  years  from  the  date 
thereof,  upon  the  payment  of  the  full  amount  due.  The  appli- 
cant for  the  loan  upon  any  farm  land,  shall  furnish  a  com- 
plete and  satisfactory  abstract,  at  his  own  expense,  of  the 
title  of  both  the  land  and  the  appurtenant  water  right  and 
before  any  loan  is  made  the  attorney  general  of  Montan^ 
shall  examine  said  title,  and  if  he  shall  find  title  resting  !n 
said  applicant,  he  shall  certify  the  same  to  the  state  board  of 
land  commissioners.  The  cost  of  appraising  such  loan  shall 
be  estimate^  by  the  board  and  the  amount  of  said  estimate 
paid  by  the  applicant  to  the  state  board  in  advance  of  and 
before  any  appraisement  of  such  land  shall  be  made. 

Section  III.  That  Section  2197  of  the  Revised  Codes  of  the 
State  of  Montana  of  1907  be,  and  the  same  is  amended  so  as 
to  read  as  follows : 

Section  2197:  That  the  state  board  of  land  commissioners 
is  hereby  authorized  and  required  to  invest  and  keep  invested 
all  moneys  belonging  to  the  permanent  school  fund,  and  per- 
manent agricultural  college  fund  in  any  state,  county,  city  or 
school  district  securities  in  this  state,  or  in  any  state  capitoL 
building  bonds  now  issued  or  which  may  be  hereafter  issued 
and  in  such  first  mortgages  on  farm  lands  in  the  state,  as  pro- 
vided in,  and  in  the  manner  set  forth  in  sub-section  6,  of  sec- 
tion 2196  herein,  which  in  the  judgment  of  the  board  are  safe 
investments. 

The  board  may  make  its  bids  for  any  of  said  securities  in 
the  same  manner  as  private  persons  and  under  no  restrictions 
other  than  those  imposed  upon  private  persons  seeking  invest- 
ment herein. 

Section  IV.  This  Act  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

Approved   March  4,    1909. 


70  GENERAL   SCHOOL   LAW 

CHAPTER  VI. 
State  Text  Book  Commission. 

Section  791.  Appointment  of   state  text   book   commission. 

Section  792.  Organization  of  commission. 

Section  793.  Meeting  of  commission. 

Section  794.  Contracts    for    supplying    text    books. 

Section  795.  Selection  of  text  books. 

Section  796.  Contracts  and  agreements. 

Section  797.  Bond    for    performance   of   contracts. 

Section  798.  Forfeiture  of  contract  for  non-performance. 

Section  799.  Price  list  of  books  to  be  'printed  and  distributed. 

Section  800.  Penalty  for  using  other  than  selected  books. 

Section  801.  Annual  report  as  to  the  use  of  books. 

'Section  802.  Election   upon  proposition  to   supply   free  text   books. 

Section  803.  Special  levy  to  provide  free  text  books. 

Section  804.  Compensation  of  text  book  commissioners. 

791.  Appointment    of    State   Text   Book    Commission. — The 

governor  is  hereby  authorized  to  nominate  and  appoint  a  state 
text  book  commission  consisting  of  seven  members,  five  of 
whom  shall  be  persons  actively  engaged  in  the  common  public 
school  work  of  the  state  at  the  time  of  their  appointment. 
The  terms  of  three  members  of  said  commission  first  appointed 
shall  be  for  a  period  of  three  years  each,  and  the  terms  of  four 
members  of  said  commission  first  appointed  shall  be  for  a 
period  of  five  years  each ;  and  thereafter  at  the  expiration  of 
the  respective  terms  of  the  members  first  appointed  their  suc- 
cessors shall  be  appointed  by  the  governor  for  a  term  of  five 
years.  If  a  vacancy  occurs  during  the  terms  of  any  of  the 
members,  of  said  commission  by  reason  of  death,  resignation 
or  otherwise,,  the  governor  shall  make  appointment  to  fill 
such  vacancy  and  the  person  so  appointed  shall  hold  office  until 
the  expiration  of  the  term  for  which  the  person  he  succeeds 
was  appointed.  (Act  approved  March  7,  1907,  Sec.  i).  (loth 
Sess.  Chap.  132). 

792.  Organization   of   Commission. — The   commission   at   its 
meeting   shall    organize    by   taking   the    constitutional    o'ath    of 
office,  which  oath  shall  be  filed  in  the  office  of  the  secretary  of 
state,  electing  from  among  the  members  a  president  and  secre- 
tary and  formulating  rules  for  its  government.     Five  members 
shall   constitute  a   quorum   for  the   transaction   of  all  business. 
All   votes   cast   for   or  against   the   adoption   of   any   text   book 
shall  be  recorded   in  the  minutes  of  the   commission,   together 


STATE    OF    MONTANA.  71 

with  the  names  of  those  voting  for  or  against  such  adoption; 
Provided,  that  all  meetings  shall  be  opened  to  the  public  and 
that  said  commission  must  make  a  full  report  to  the  governor 
not  later  than  the  first  Monday  in  November  next  preceeding 
any  regular  or  special  meeting  of  the  Legislature.  (Act 
approved  March  7,  1907,  Sec.  2).  (loth  Sess.  Chap.  132). 

793.  Meetings   of   Commission. — The   state   text   book   com- 
mission shall  meet  in   the  state  capitol  in  the  city  of  Helena, 
on  the  third  Monday  in  June,  1907,  and  every  five  years  there- 
after and  the  president  of  said  commission  is  authorized  to  call 
a  meeting  thereof  on   the   first   Monday  of  October   next   pre- 
ceeding the  sessions  of  the  legislature,  if  in  his  opinion,  there 
shall  be  business  of  importance  to  transact.     He  must  also  on 
ten  days'  notice  to  the  members  to  be  given  by  the  secretary, 
call  a  meeting  of  the  commission  at  any  time  to  receive  pro- 
posals and  to  enter  into  contracts  with  publishers  for  supplying 
text-books  whenever  new  contracts  shall  become  necessary  by 
reason   of   the   contracts   for   certain   books   heretofore    entered 
into    becoming   terminated    by    recission    or    otherwise    ceasing 
to   be   In   full   force  and   effect,    and    to    adopt   additional    sup- 
plementary books  whenever  it  is  deemed  for  the  best  interests 
of  the  schools  of  the  state.     At  the  meeting  held  on  the  third 
Monday  in  June,  1907,  and  every  five  years  thereafter  the  com- 
mission shall  adopt  a  uniform  series  of  text  books  for  use   in 
all  the  public  schools  of  the  state  not  including  high   schools. 
Said   commission  may  adjourn   from   day  to  day   until   it   shall 
have  made  such  adoption,  provided  the  session  shall  not  con- 
tinue   beyond    six   actual    days,    and    nothing   herein    contained 
shall  be  so  construed  as  to  have  any  reference  to  Section  1030 
(2000)    of   the   Political   Code   relating   to   school   libraries,   but 
said    section    shall   remain    in    full    force   and   effect.     (Act    ap- 
proved March  7,   1907,  Sec.  3).     (loth  Sess.  Chap.   132). 

794.  Contracts  for  Supplying  Text  Books. — 'Beginning  with 
April  ist,  1907,  and  every  five  years  thereafter  in  which  a  full 
series  of  text-books   is  to  be  adopted  in   conformity   with   this 
Act,  the  superintendent  of  public  instruction  shall  advertise  for 
thirty  clays  in  two  daily  newspapers  in  this  state  giving  notice 
that  the   text-book   commission   will   meet,   as   herein   provided, 
and  that  they  will  receive  sealed  proposals  up  to  twelve  o'clock 
noon,  of  said  third  Monday  in  June,  for  supplying  the  State  of 
Montana  with   a  series   of  basal   text-books  for   use   in   all   the 


72  GENERAL   SCHOOL   LAW 

public  schools  of  said  state,  for  a  period  of  five  years  from 
and  after  the  first  day  of  September  A.  D.  1907,  and  every 
fifth  year  thereafter,  in  the  following  branches  to-wit :  Read- 
ing, spelling,  writing,  arithmetic,  geography  (elementary  and 
advanced),  language  and  grammar,  physiology  and  hygiene, 
civil  government  (state  and  national),  history  of  the  United 
States  (elementary  and  advanced). 

Said  commission  are  hereby  empowered  to  adopt  such  other 
text-book  supplementary  to  the  basal  text-books  above  referred 
to  as  they  may  deem  advisable.  Said  sealed  proposals  shall 
be  addressed  to  the  chairman  of  the  state  text-book  commis- 
sion, Helena,  Montana,  and  shall  be  indorsed  "Sealed  proposals 
for  supplying  text-books  for  use  in  the  State  of  Montana." 
Said  proposals  shall  state  the  net  wholesale  prices  at  which  the 
publishers  whose  books  may  be  adopted  by  the  text-book 
commission,  will  agree  to  deliver  the  same  in  the  city  of 
Chicago,  Illinois,  F.  O.  B.,  to  merchants  in  Montana,  or  to 
schfool  districts  purchasing  the  same.  They  shall  also  state  the 
exchange  prices  for  new  books  adopted  in  exchange  for  the  old 
books  in  the  hands  of  the  pupils,  and  for  the  new  books  in  the 
hands  of  districts  or  dealers,  which  may  be  displaced,  grade 
for  grade  and  shall  further  state  the  retail  price  at  which  they 
will  keep  all  the  text  books  so  adopted  on  sale  uniformly  in 
at  least  one  place  in  each  county  throughout  the  state.  When- 
ever any  contract  shall  be  terminated  by  recession,  or  shall 
otherwise  cease  to  be  in  force  and  effect,  the  text-book  com- 
mission shall,  within  ten  days  after  the  termination  of  such 
contract  advertise  in  the  same  manner  and  for  the  same  length 
of  time  as  elsewhere  mentioned  in  this  section  for  proposals  to 
furnish  text-books  on  the  same  subjects  >as  those  embraced 
within  such  contract  for  the  same  length  of  time  and  bids  shall 
be  received  in  the  same  manner  as  hereinbefore  provided. 
The  publishers  'contracting  and  agreeing  to  supply  text-books 
for  use  in  the  State  of  Montana  under  provisions  of  this  Act, 
shall  cause  to  be  prepared  a  special  map  and  special  supple- 
ment descriptive  of  Montana  for  the  geography  adopted  by 
said  commission.  They  shall  also  cause  to  be  prepared  a 
special  supplement  for  Montana  for  the  civil  government 
adopted,  which  supplement  shall  contain  not  less  than  thirty 
pages.  They  shall  further  agree  to  maintain  the  mechanical 
excellence  of  the  books  adopted  by  said  commission,  fully  equal 


STATE    OF    MONTANA.  73 

to  the  samples  submitted  in  binding,  printing,  quality  of  paper, 
and  other  essential  features,  and  the  books  shall  be  of  th* 
latest  revised  edition.  The  map  and  special  descriptive  geo- 
graphy of  Montana  shall  be  revised  every  five  years  by  the 
publishers.  (Act  approved  March  7,  1907,  Sec.  4).  (loth  Sess. 
Chap.  132). 

795.  Selection  of  Text-Books. — It  shall  be  the  duty  of  said 
text-book  commission  to  meet  at  the  time  and  place  mentioned 
in  said  notice  and  open  sealed  proposals  in  the  presence  of  a 
quorum  of  said  commission  and   in  public  to  select  and  adopt 
such  text-b'ooks,  both   basal  and  supplementary,   for  use   in   all 
the  public   schools  of  this  state.     The   series   of  text-books,   so 
selected  and  adopted  by  said  text-book  commission  shall  be  cer- 
tified to  by  the  chairman  and  secretary  and  said  certificate  wi:h 
a  copy  of  all  the  books  named  therein  shall  be  placed  on  file  in 
the    office    of   the    superintendent   of   public    instruction.     Such 
certificate   must   contain   a   complete   list   of   all   books   adopted 
by  said  commission,  giving  the  wholesale,  retail  and  exchange 
prices  for  which  each  kind  and  grade  will  be  furnished,  as  pro- 
vided in  the  preceding  section,  and  the  name  of  the  publishers 
contracting   to   furnish    the    same.     The    said   books    named    In 
said  certificate  shall  for  a  period  of  five  years  from   and   after 
the  .first    day    of    September    of    the    year    in    which    they    are 
adopted    be    used    in    all    public    schools    of    the    state    to    the 
exclusion    of    all    others.     And    in    the    case    of    any    text-book 
whose    publication    shall    not   have    been    completed    before    the 
meeting   of   the    state    text-book    commission,   it    shall    be    per- 
missible   for   the   publishers   in   making   a   bid   to   file   with    the 
commission    a    copy   of   the   manuscript   of   such    text-book,    to- 
gether  with    such    exhibits    as    will    satisfactorily    illustrate    the 
quality   of   paper,    typography   and    binding   to    be    used    in    the 
publication   of  such   text-book,   and   it   shall   be   permissible   for 
the    commission    to    adopt    such    text-book    in    their    discretion, 
the  same  as  in  the  case  of  any  text-book  previously  publish ecf. 
Provided,  that  nothing  in  any  part  of  this  act  shall  be  so  con- 
strued as  to  prevent  the  purchase  or  use  by  any  person  or  dis- 
trict of  any   supplementary  or   reference   books   for  use   in   any 
of  the   schools   of  the   state.      (Act   approved    March   7th,    irjo7. 
Sec.    5).     (loth    Sess.    Chap.    132). 

796.  Contracts   and   Agreements. — The    said    text-book    com- 
mission  shall   have   power   to   make   such    contracts   and    agree- 


74  GENERAL   SCHOOL   LAW 

ments  for  the  use  and  supply  of  text-books  in  the  name  of 
the  state  as  they  shall  deem  necessary  for  the  best  interest 
of  the  public  schools  of  the  state,  and  shall  require  of  all  pub- 
lishers contracting  and  agreeing  to  furnish  books  adopted 
by  the  said  text-book  commission  bonds  equal  in  amount  to 
one-half  the  value  of  the  books  to  be  furnished,  conditioned 
that  upon  the  failure  on  the  part  of  such  publishers  to  comply 
with  the  terms  of  such  contracts  or  any  part  thereof,  in  any 
county  of  the  state,  upon  notice  being  given  as  provided  for 
herein,  said  bonds,  may,  be  by  the  governor  of  the  State  of 
Montana,  be  declared  forfeited,  and  actions  brought  in  the 
name  of  the  state  upon  such  bonds  to  recover  the  full  amount 
named  therein  which  amount  shall  be  deemed  to  be  fixed  and 
liquidated  damages  for  the  breach  of  such  contracts;  Provided, 
that  the  text-book  commission  may,  at  their  discretion,  reject 
any  and  all  proposals  if  it  be  deemed  by  them  to  be  to  the 
interest  of  the  state  so  to  do,  and  tiiey  shall  advertise  for  new 
proposals,  stating  the  time  when  such  new  proposals  will  be 
received  by  them,  not  later,  however,  than  thirty  days  from 
the  rejection  of  the  first  proposals:  Provided,  further,  that, 
the  contract  price  of  such  books  shall  not  exceed  the  lowest 
wholesale  price  charged  for  the  same  books  in  Chicago, 
F.  O.  B.,  to  any  state  in  the  United  States.  (Act  approved 
March  7,  1907,  Sec.  6).  (loth  Sess.  Chap.  132). 

797.  Bond    for    Performance    of    Contracts. — The    contract 
with  the  publishers  shall  take  effect  only  when  the  publishers 
of  the  books  adopted  by  the  said  text-book   commission   shall 
have  filed  with  the  secretary  of  state  their  bond,  with  at  least 
two  sufficient  sureties,  to  be  approved  by  the  governor  in  such 
sum    as    shall    be    determined,    by    said    text-book    commission, 
conditioned,    that   they   shall    comply   with   the   terms    of   their 
proposal   to   the   state   and   such   further   conditions   as   may  be 
agreed  upon  between  said  text-book  commission  and  the  pub- 
lishers   contracting   with   the    state.     (Act    approved    March    7, 
1907,   Sec.   7).     (loth   Sess.    Chap.    132). 

798.  Forfeiture  of  Contract   for  Non-Performance. — In   case 
the  publishers  of  the  books  adopted  by  the  said  text-book  com- 
mission shall  not  on  or  before  the   i5th  day  of  July,  A.  D.,  of 
the  year  in  which  the  series  of  text-books  is  to  be  adopted  have 
filed    with    the    secretary   of   state    their   bond    as    hereinbefore 
provided,  or  in  case  they  shall  not  on  or  before  the  I5th  day  of 


STATE    OF   MONTANA.  75 

uly,  A.  D.  of  said  year  have  performed  all  the  obligations  of 
their  contracts  with  respect  to  the  exchange  and  introduction 
of  books  and  the  preparation  and  supply  of  the  special  maps, 
and  the  special  descriptive  matter  for  the  geography  so  adopted, 
or  the  special  supplement  for  the  civil  government,  or  in 
case  they  shall  at  any  time  thereafter  violate  or  fail  to  per- 
form any  of  the  conditions  specified  in  their  bond  as  herein- 
before provided  and  shall  fail  within  reasonable  time  after  due 
notice  has  been  given  'by  the  governor  to  make  good  thdr 
guarantee  in  any  respect  in  which  they  may  have  failed,  then 
this  adoption  shall  become  null  and  void.  The  said  text-books 
adopted  by  the  said  text-book  commission  under  this  Act 
and  upon  compliance  of  the  publishers  of  the  conditions  afore- 
said shall  continue  in  use  for  the  period  of  five  years  from  the 
first  day  of  September  of  the  year  above  mentioned  to  the 
exclusion  of  all  others  except  as  herein  otherwise  provided. 
(Act  approved  March  7,  1907,  Sec.  8).  (loth  Sess.  Chap.  132). 

799.  Price  List  of  Books  to  be  Printed  and  Distributed. — 
Whenever  the  publishers  of  the  books  adopted  under  the  pro- 
visions   of    this    bill    shall    have    filed    their    bonds    as    herein- 
before  provided,   it  shall  be   the   duty  of  the   state   superinten- 
dent of  public  instruction  to  cause  all  prices  of  the  text-books 
as   guaranteed   by   the   publishers    to   be   properly   printed   and) 
distributed  through  the  county  superintendents  to  the  trustees 
of  all  school  districts  in  the  state  who  shall  cause  the  same  1.j 
be  kept  constantly  posted  in  a  conspicuous  place  in  each  school 
room  in  their  district  and   it  shall  be  the  duty  of  the  several 
county    superintendents    to    keep    themselves    informed    as    to 
whether    such    prices    are    actually    maintained    by    the    said 
publishers,    and    at    once    notify    the    superintendent    of    public 
instruction   of  any   violation   of   the   contracts   entered    into   by 
virtue  of  the  authority  contained  in  this  Act,  which  may  come 
to   their   knowledge   and   it   shall   be   the   duty   of   the   superin- 
tendent   of   public    instruction    to    promptly    communicate    such 
information   to   the   governor.     (Act   approved   March    7,    1907, 
Sec.   9).     (loth    Sess.    Chap.    132). 

800.  Penalty  for  Using   Other  Than   Selected   Books. — Any 
school  officer,  teacher  or  trustee,  who  shall  use  or  provide  for 
the    use   in   the   public   schools   of   the   state,    text-books    other 
than  those  adopted  by  the   said   text-book   commission,   except 
as    herein    otherwise    provided,    shall    be    deemed    guilty    of    a 


76  GENERAL   SCHOOL    LAW 

misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars.  (Act 
approved  March  7,  1907,  Sec.  10).  (loth  Sess.  Chap.  132;. 

801.  Annual   Report   as   to   the   Use  of   Books. — All    county 
superintendents  and  all  school  officers  are  charged  with  execu- 
tion  of   this    law   and    the    county    school    superintendent    shall 
require  the  trustees  of  the  several  school  districts  or  the  clerks 
thereof,  to  report  annually  whether  or  not  the  authorized  text- 
books are  used  in  their  schools.     (Act  approved  March  7,  1907, 
Sec.   n).     (loth  Sess.  Chap.   132). 

802.  Election  Upon  Proposition  to  Supply  Free  Text  Books. 
— Upon  the  petition  of  five  legal  voters  of  any  school  district 
other    than    in    incorporated    cities,    and    upon    petition    of    one 
hundred  legal  voters  in  incorporated  cities,  towns,  and  villages, 
filed  with  the  board  of  trustees  o<r  board  of  education,  it  shall 
be  the  duty  of  the  board  of  trustees  or  board  of  education  as  the 
case  may  be  to   notify   the  voters  of  such   school   district   that 
an   election  "for"  or  ''against"   free   text-books   will   be   held   at 
the   next    ensuing   election   for    the    members    of    the   board    of 
trustees  or  board   of  education,   and  the  ballots   to   such   effect 
shall    be    received    and    canvassed    at    such    election    and    if    a 
majority  of  all  votes  cast  in  the  district  shall  be  found  to  be  in 
favor  of  free   text-books   it  shall   be   the   duty   of   the   board   of 
trustees  or  board  of  education  as  the  case  may  be,  to  purchase 
at  the  expense  of  such  district  all  the  text-books  required   for 
use  of  all   the   pupils   attending  school   in   such   school   district, 
and    said    text-books    shall    be    loaned    to    the    pupils    of    said 
public  schools,  free  of  charge,  subject  to  such  rules  and  regu- 
lations   as    to    care   and    custody,    as    the    board    of    trustees    -;r 
board   of   education   shall    prescribe ;    Provided,    that   the    pupils 
may  purchase  at  cost  any  of  the  text-books  so  furnished,  when 
desired    by    them.     Provided,    that    the    question    of    free    text- 
books   shall    be    submitted    to    a   vote    in    every    school    district 
in  the  state  at  the  regular  election  held  on  the  first  Saturday  .-i 
April,   1907,  or  any  year  thereafter  without  petition   as  herein- 
before  provided   for,   and   the   notice   of   such   election   must,    in 
addition  to  the  other  matters  required  by  law,  contain  a  state- 
ment of  the   fact   that  the   question   of  free   text-books   will  be 
voted   upon   at   such   election.     (Act   approved   March   7,    1907, 
Sec.    12).     (loth    Sess.    Chap.    132). 

803.  Special   Levy  to   Provide   Free  Text  Books. — That   for 


STATE    OF    MONTANA.  77 

the  purpose  of  raising  money  to  pay  for  school  books,  which 
may  be  furnished  to  pupils  free  by  any  district  adopting  free 
text-books  a  special  levy  upon  the  taxable  property  of  such 
district,  shall  be  made  by  the  county  commissioners  of  the 
county  on  estimates  furnished  by  the  school  trustees  of  the 
district,  if  the  money  received  from  the  general  fund  from  the 
district  be  insufficient  and  said  levy  shall  be  made  within  thirty 
days  from  and  after  the  adoption  of  said  free  text-books  in  any 
district  that  has  by  majority  vote  adopted  the  same,  and  when 
made  the  tax  levied  shall  be  collected  in  the  same  manner 
as  other  taxes  are  collected ;  Provided,  further,  that  any  dis- 
trict that  shall  furnish  free  text-books  shall  have  the  right, 
through  its  board  of  trustees,  to  adopt  supplementary  books 
within  the  meaning  of  this  Act  and  provided  that  this  ado  po- 
tion has  been  authorized  by  a  two-thirds  vote  of  the  trustees 
of  said  district.  (Act  approved  March  7,  1907,  Sec.  13).  (loth 
Sess.  Chap.  132). 

804.  Compensation  of  Text-Book  Commissioners. — The 
members  of  said  text-book  commission  provided  for  by  tMs 
Act,  shall  receive  the  sum  of  $6.00  per  diem  for  each  day 
necessarily  engaged  in  transacting  business  and  while  in  ses- 
sion, and  actual  traveling  expenses;  and  there  is  hereby  ap- 
propriated the  sum  of  one  thousand  dollars  per  year,  or  30 
much  thereof  as  may  be  necessary  to  carry  out  the  provisions 
of  this  Act;  Provided,  that  said  commission  shall  not  be  in 
session  more  than  ten  days  in  any  one  year.  (Act  approved 
March  7,  1907,  Sec.  14).  (loth  Sess.  Chap.  132). 


78 


GENERAL   SCHOOL   LAW 


I. 

II 
III. 
IV. 

V. 
VI. 
VII. 


Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article  VIII. 
Article  IX. 
Article  X. 
Article  XI. 
Article  XII. 

Article  XIII. 
Article  XIV. 
Article  XV. 
Article  XVI. 
Article  XVII. 
Article  XVIII. 
Article  XIX. 
Article  XX. 
Article  XXI. 
Article  XXII. 
Article  XXIII. 
Article  XXIV. 


CHAPTER  VII. 
Supermtendemt  of  Public   Instruction. 
County  Superintedent  of   Schools. 
School    Districts. 
Election  of  School  Trustees. 
Board   of  Trustees. 
District   Clerks. 
Teachers. 
Schools. 
Pupils. 

Free  County   High  Schools. 
Duties  of  County  Treasurer. 
Duties  of   County   Clerk,  Clerk  of  District   Court  and 

the  Justices  of  the  Peace. 
Teachers'    Institutes. 
Examinations'  and    Certificates. 
Compulsory  Attendance. 
Industrial  Schools. 
City  Superintendent  of  Schools. 
School  Funds. 
Bonds. 
Vacancies. 
Tree  Planting. 
Pioneer  Day. 
School  Libraries. 
Miscellaneous. 

ARTICLE    I. 


Superintendent  of  Public  Instruction. 


Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 


805. 
806. 
807. 
808. 
809. 
810. 
811. 
812. 
813. 
814. 
815. 
816. 
817. 
818. 
819. 
820. 
821. 
822. 


Election,   qualification,  oath  and  bond. 
Duties. 

General  powers. 
Duty.     Blanks. 

Examinations. 

Course  of  study. 

Institute    rales. 

County  superintendents. 

Records. 

School   laws. 

Seal. 


Same. 

Same. 

Same. 

Same. 

Same. 

Same. 

Same. 

Same.     Institutes. 

Same.     Reports. 

Same. 

Apportionment   of   school   fund. 

Clerk.     Salary. 

Salary  of   superintendent  of   public    instruction. 

Expenses. 


STATE    OF    MONTANA.  79 

805.  (Sec.  1700).     Election,  Qualification,  Oath  and  Bond.— 

There  shall  be  chosen  by  the  qualified  electors  of  the  state,  a: 
the  time  and  place  of  voting  for  members  of  the  legislature,  a 
superintendent  of  public  instruction,  who  shall  have  attained 
the  age  of  thirty  years  at  the  time  of  his  election,  and  shall 
have  resided  within  the  state  two  years  next  preceding  his 
election,  and  is  the  holder  of  a  state  certificate  of  the  highest 
grade,  isued  in  some  state,  or  is  a  graduate  of  some  reputable 
university,  college  or  normal  school.  He  shall  hold  his  office 
at  the  seat  of  government,  for  the  term  of  four  years  from 'the 
first  Monday  in  January  following  his  election,  and  until  his 
successor  is  elected  and  qualified.  Before  entering  upon  his 
duties  he  shall  take  the  oath  of  civil  officer  and  give  a  bond  in 
the  penal  sum  of  ten  thousand  dollars,  with  not  less  than  two 
sureties,  to  be  approved  by  the  governor  and  attorney  gen- 
eral. (Act  approved  March  n,  1895). 

806.  (Sec.    1701.)     Duties. — The    superintendent    shall    pre- 
serve  in   his   office   all   books,   maps,   charts,   works  o<n    educa- 
tion, school  reports  and  school  laws  of  other  states  and  cities, 
plans    for    school    buildings    and    other    articles    of    educational 
interest  and  value  which  may  come  into  his  possession  as  such 
officer,   and   at   the   expiration   of   his  term   shall   deliver   them, 
together    with    the    reports,    statements,    records    and    archives 
of  his  office  to  his  successor.     (Act  approved  March  n,  i8c)5;. 

807.  (Sec.  1702.)     General  Powers. — He  shall  have  the  gen- 
eral supervision  of  the  public  schools  of  the  state.     (Act  ap- 
proved  March   n,   1895). 

808.  (Sec.    1703.)     Duty.      Blanks. — He    shall    cause    to    be 
printed,    and    furnished    to    the    proper    officers    or    persons    all 
school    registers,    reports,    statements,    notices    and    blanks  •  for 
returns  needed  or  required  to  be  used  in  the  schools  or  by:the 
school  officers,  in  the  state.     He  shall  prepare  and  furnish  to 
school   officers,    through    the    county    superintendents,    lists  'of 
publications  approved  by  him  as  suitable  for  school   libraries  ;• 
such   lists   shall   contain   also   the   lowest   price   at   which    such 
publication   can   be   purchased,   and   the   terms.     He   shall   also 
prescribe   rules   and   instructions   for   the   proper   care    and   use 
of  school  libraries  and  such  other  information  relative   thereto 
as  he  shall  think  needful.     (Act  approved  March  n,   1895). 

809.  (Sec.   1704.)     Same.     Examinations. — He  shall   prepare 
all   questions   to  be  used   in   the   examination   of  applicants   for 


80  GENERAL    SCHOOL    LAW 

teachers'  county  certificates,  and  prescribe  the  rules  and  regu- 
tions  for  conducting  all  such  examinations.  (Act  approved 
March  n,  1895). 

810.  (Sec.  1705.)  Same.  Course  of  Study.  —  He  shall  pre- 
pare and  prescribe  a  course  of  study  for  all  the  public  schools 
of  the  state.  (Act  approved  March  n,  1895). 

Sir.  (1706.)  Same.  Institute  Rules.  —  He  shall  prescribe 
rules  and  regulations  for  the  holding  of  teachers'  institutes. 
(Act  approved  March  '  ri,  1895). 

812.  (Sec.       1707.)       Same.      County    Superintendents.  —  He 
shall  counsel  with  and  advise  county  superintendents  upon  all 
matters   involving   the   welfare   of   the   schools  ;   he   shall,   when 
requested,    give    them    written    answers    to    all    questions    con- 
cerning the  school  law.     He  shall  decide   all  appeals  from  the 
decision  of  the  county  superintendent,  and  may  for  such  deci- 
sion, require  affidavits,  verified  statements  or  sworn  testimony 
as   to  the  facts  in  issue.     He  shall   prescribe   and   cause   to  be 
enforced    rules   of   practice    and    regulations    pertaining    to    the 
hearing  and   determining  of   appeals,   and   necessary   for   carry- 
in-    into   effect   the   school   laws   of   the   state.     (Act   approved 
March    ii,    1895). 

813.  (Sec.  1708.)     Same.     Records.  —  He  shall  keep  a  record 
of  his  official  acts,  and  shall   file   in   his   office   all   appeals   and 
papers  pertaining  thereto.     (Act  approved   March    n,   1895). 

814.  (Sec.   1709.)     Same.     School   Laws.  —  He  shall   at   least 
once  in  four  years  cause  to  be  printed  the  school  laws  of  the 
state,   with  such  notes   and   decisions   thereon   as   may   seem    to 
him   advisable   and   shall    furnish   them    as    they   are    needed    to 
the    school    officers    in    the    state.      (Act    approved    M'arch    n, 


815.  (Sec.   1710.)      Same.     Seal.  —  He  shall  provide  and  keep 
a  seal,  which  shall  be  the  official  seal  of  the  state  superintend- 
ent of  public  instruction,  and  by  which  all  of  his  official   acts 
may  be  authenticated.      (Act  approved  March   n,   1895). 

816.  Same.       Institutes.  —  He     shall     attend     and     assist     at 
teachers'  institutes   and   aid.   and   encourage  generally,   teachers 
in   qualifying   themselves   for   the   successful    discharge   of  their 
duties.        He   shall   also   as   far   as   he   shall   find   practicable   ad- 
dress public  assemblies  on  subjects  pertaining  to  public,  schools, 
and  shall   labor  faithfully   in    all   practicable   ways   for   the   wel- 
fare of  the  public  schools  of  the  state  and  shall  perform   such 


STATE    OF   MONTANA.  81 

other  duties  as  shall-  be  required  of  him  by  the  law.     (Act  ap- 
proved March  8th,   1897,   Sec.   i).     (5th  Sess.   129). 

817.  (Sec.  1712.)   Same.  Report. — >He  shall  on  or  before  the 
first  day  of   December   preceding  the   biennial   session   of   the 
legislative  assembly,  make  and  transmit  to  the  governor  a  re- 
port  showing : 

1.  The    number    of    school    districts,    schools,    teachers    em- 
ployed and  pupils  taught  therein,  and  the  attendance  of  pupils 
and  studies  pursued   by  them. 

2.  The  financial  condition  of  the  schools,  their  receipts  and 
expenditures,    value    of    school    houses    and    property,    cost    of 
tuition  and   wages  of  teachers. 

3.  The  condition,  educational  and  financial,  of  the  Normal 
and   higher   institutions    connected   with   the   school   system    of 
the  state,  and,  as  far  as  it  can  be  ascertained,  of  the  private 
schools,  academies  and  colleges  of  the  state. 

4.  Such  general  matters,  information  and  recommendations 
relating  to  the  educational  interest  of  the  state  as  he  may  deem 
important.     (Act    approved    March    n,    1895). 

818.  (Sec.  1713.)     Same. — Fifteen  hundred  copies  of  the  re- 
port of  the  superintendent  of  public  instruction  shall  be  printed 
biennially,   in   the   month   of   December   preceding   the    session 
of   the    legislative    assembly.     Two    copies    shall    be    furnished 
to  each  of  the  members  of  the  legislative  assembly,  one  copy 
to  each   county  superintendent  of  the   state,   one   copy   to   the 
clerk  of  each  school  board,  two  to  each  state  officer,   one   to 
each  state  and  territoritl  superintendent;  fifty  copies  shall  be 
filed  in  the  office  of  the   superintendent  of  public   instruction 
and    ten    in    the    state    historical    library.     The    balance    shall 
be  distributed  among  the  various  college,  university  and  other 
libraries  of  the  United  States.     (Act  approved  ^March  n,  1895.) 

819.  (Sec.  1714.)     Apportionment  of  School  Fund. — *He  shall 
between  the  first  and  tenth  days  of  February  of  each  year,  ap- 
portion the  state  school  fund  among  the  several  counties  of  the 
state,  in  proportion  to  the  number  of  children  of  school  age  In 
each  as  shown  by  the  last  enumeration  authorized  by  law.     It 
shall  be  the  duty  of  the  state  board  of  land  commissioners  to 
notify  the  state  auditor  on  or  before  the  tenth  day  of  January 
of  each  year,  the  amount  of  the  state   school   fund   subject   Lo 
apportionment;  and  the  said  auditor  immediately  upon  receipt 
of  such  notification  shall  issue  his  warrant  on  .the  state  trea-5- 


82  GENERAL   SCHOOL   LAW 

urer  for  the  said  amount.  Thereupon  the  state  treasurer  shall 
certify  said  apportionment  to  the  several  county  treasurers  not 
later  than  the  first  Monday  in  March ;  Provided,  that  the 
several  county  treasurers  have  fully  complied  with  Sec.  183 
of  "An  Act  concerning  revenue,"  approved  March  6,  1891,  in 
which  case  the  county  treasurers,  upon  receiving  notice  from 
the  state  treasurer  of  the  amounts  due  their  counties  from 
the  state  school  fund,  may  deduct  said  amount  from  the 
amount  found  due  the  state  by  their  counties  and  remit  the 
balance  to  the  state  treasurer.  The  superintendent  of  public 
instruction  shall  certify  to  the  county  superintendent  of  schools 
of  each  county,  the  amount  apportioned  to  that  county.  (Act 

approved  March    u,   1895). 

State  v.  Cave,  20  Mont.  473;  52  Pac,  202.  The  superintendent 
of  public  instruction  is  required  to  apportion  the  state 
school  funds  among  the  counties  in  proportion  to  'the  num- 
ber of  children  of  school  age  in  each  county. 

Jay  v.  School  District,  24  Mont.  228;  61  Pac.  253.  The  moneys 
derived  from  interest  on  the  state  school  fund,  and  other 
sources,  controlled  by  the  state,  are  apportioned  to  the 
counties,  and  the  amount  falling  to  each  county  is  made 
available  for  school  purposes  not  later  than  February  10th 
of  each  year. 

820.  (Sec.    1715.)     Clerk.      Salary. — The    superintendent    of 
public  instruction  shall  have  power  to  appoint  one  clerk,  who 
shall  receive   an  annual  salary  of  fifteen   hundred   dollars,   and 
shall  perform  such  duties  pertaining  to  the  office  as  the  super- 
intendent may  direct.     Said  clerk  shall  also  perform  the  duties 
of    clerk    of    the    state    board    of    education.     (Act    approved 
March   n,    1895). 

821.  Salary   of   Superintendent   of   Public   Instruction. — The 
annual  salary  of  the  superintendent  of  public  instruction,  for  ail 
services  now  required  of  him   or  which   may  hereafter  be   de- 
volved upon  him  by  law,  is  three  thousand  'dollars.     He  shall 
also   be   paid   his   traveling   expenses,    actually   and   necessarily 
incurred    in    the    discharge   of    his    duties,    not    to<   exceed    five 
hundred    dollars    in    any   one    year.     (Act    approved    March    6, 
1907,  Sec.  2).     (loth  Sess.  Chap.  116). 

822.  (Sec.   1717.)     Expenses. — All  necessary  expenditures  of 
money  incurred  'by  the  superintendent  of  public  instruction  'for 
postage,  stationery,  printing  and  expressage,  not  exceeding  two 
hundred  and  fifty  dollars  in  any  one  year,  shall  be  paid  by  the 
state.     (Act  ap'proved   March   n,   1895). 


STATE    OF    MONTANA.  83 

ARTICLE   II. 

County   Superintendent   of    Schools. 
Section  823.     Election.     Term.    Oath.    Bond. 
Section  824.     General  powers. 
Section  825.     Duty.    Visiting  schools. 
Section  826.     Same.     Blanks. 
Section  827.     Same.    Record. 
Section  828.     Same.     Controversies. 
Section  829.     May  administer  oaths. 

Section  830.     Apportionment  of  school  moneys;   warrants. 
Section  831.     Preside  at  institutes. 
Section  832.     May  issue  temporary  certificates. 
Section  833.     Annual    report. 
Section  834.    Boundaries   of  school  districts. 
Section  835.     Expenses  of  office. 
Section  836.     Must  not  teach. 
Sectiom  837.     Qualifications. 

Section  838.     Census    to   he   transmitted   to   bureau   of    agriculture, 
labor    and   industry. 

823.  (Sec.    1730.)     Election.        Term.        Oath.        Bond. — A 

county  superintendent  of  schools  shall  be  elected  in  each 
organized  county  in  this  state  at  the  general  election  preced- 
ing the  expiration  of  the  term  of  office  of  the  present  incum- 
bent, arrd  every  two  years  thereafter,  who  shall  take  office  on 
the  first  Monday  in  January  next  succeeding  his  election,  and 
hold  for  two  years  or  until  his  successor  is  elected  and  qual- 
ified. The  person  so  elected  shall  take  the  oath  or  affirmation 
of  office,  and  shall  give  an  official  bond  to  "the  county  in  a 
sum  to  be  fixed  by  the  board  of  county  commissioners  of  said 
county.  The  county  commissioners  of  any  county,  shall,  by 
appointment,  fill  any  vacancy  that  may  occur  in  the  office 
of  county  superintendent,  until  the  next  general  election ; 
Provided,  that  all  persons  otherwise  qualified  shall  be  eligible 
to  the  office  of  the  county  superintendent  of  common  schools 
without  regard  to  sex.  (Act  approved  March  n,  1895). 

824.  (Sec.    1731.)     General    Powers. — The    county    superin- 
tendent shall  have  the  general  supervision  of  the  public  schools 
in  his   county.     (Act  approved   March   n,    1895). 

825.  (Sec.    1722.)     Duty.     Visiting  Schools. — He   shall  visit 
every      public      school      under      his      supervision      at      least 
once     each     official     year,     and     oftener     if     he     shall     deem 
it  necessary  to  increase  its  usefulness.     He  shall  at  such  visits 
carefully  observe  the  conditions  of  the  school,  the  mental  and 


84  GENERAL   SCHOOL   LAW 

moral  instruction  given,  methods  employed  by  the  teacher  in 
teaching,  training  and  drill,  the  teachers'  ability,  and 
progress  of  the  pupils.  He  shall  advise  and  direct  the  teacher 
in  regard  to  the  instruction,  classification,  government  and 
discipline  of  the  school  and  the  course  of  study.  He  shall 
keep  a  record  of  such  visits  and  by  memoranda  indicate  his 
judgment  of  the  teacher's  ability  to  teach  and  govern,  and 
the  condition  and  progress  of  the  school,  which  shall  be  open 
to  inspection  to  any  school  trustee.  During  his  visits  to  the 
schools  of  his  county  the  county  superintendent  shall  consult 
with  the  trustees  and  clerks  of  all  school  districts  upon  ail 
matters  relating  to  the  good  and  welfare  of  their  schools  and 
shall  instruct  them,  whenever  necessary,  in  their  duties  relat- 
ing to  the  reports  to  be  made  out  by  them  and  forwarded  to 
him  annually  as  the  law  requires.  (Act  approved  March  6, 
1909). 

826.  (Sec.     1733.)     Same.      Blanks. — He    shall     carry     into 
effect  all  instructions  of  the  state  superintendent  given  within 
his  authority.     He   shall   distribute  to  the   proper  officers   and 
to  teachers  all  blanks  furnished  by  the  state  superintendent  and 
needed  by  such  officers  and   teachers.     (Act  approved   March 
n,    1895). 

827.  (Sec.   1734.)     Same.     Record. — He  shall  keep  a  record 
of  his  official  acts.     He  shall  preserve  all  books,  maps,  charts 
and  apparatus  sent  him  as  a  school  officer,  or  belonging  to  his 
office.     He  shall  file  all  reports  and  statements  from  teachers 
and  school  boards  and  shall  turn  them  over  to  his   successor 
in  office.       (Act  approved  March   n,   1895). 

828.  (Sec.    1735.)     Same.      Controversies. — He    shall    decide 
all  matters  in  controversy  arising  in  his  county  in  the  admin- 
istration of  the  school  law  or  appealed  to  him  from  the  deci- 
sions of  school  officers  or  boards.     An  appeal   may  be   taken 
from  his  decision,  in  which  case  a  full  written  statement  of  the 
facts,  together  with  the  testimony  and  his  decision  in  the  case, 
shall  be  certified  to  the  state  superintendent  for  his  decision  in 
the   matter,   which   decision   shall   be   final,    subject   to    adjudi- 
cation or  the  proper  legal  remedies  in  the  state  courts.     (Act 
approved    March    n,    180,5.) 

829.  (Sec.    1736.)       May     Administer     Oath. — The    county 
superintendent  shall  have  power  to  administer  oaths  of  office 
to  all  subordinate  school  officers  and  to  witnesses,  ana  to  ex- 


STATE    OF    MONTANA.  85 

amine  them  under  oath  in  case  of  appeal,  of  revoking  the 
certificate  of  a  teacher  and  in  all  controversies  and  questions 
arising  in  the  administration  of  the  school  laws  brought  or 
coming  before  him  for  opinion,  order  or  decision;  but  he  shall 
not  receive  pay  for  administering  such  oaths.  (Act  ap- 
proved March  n,  1895). 

830.  Apportionment    of    School    Moneys;    Warrants. — The 
county  superintendent  shall  apportion  all  school  moneys  to  the 
school  districts  in  accordance  with  the  provisions  of  this  title 
quarterly,  and  he  may  make  apportionments  at  such  other  time 
as  may  be  required  or  deemed  necessary  for  the  convenience 
of    school    officers.     He    shall    certify    to    the    several    district 
clerks  and  county  treasurers  the  amount  so  apportioned  to  the 
several    districts,  .and   the   trustees   shall   draw    their   warrants 
on  the  county  treasurer  in  favor  of  persons  entitled  to  receive 
the   same.     Such    warrant    shall    show    for    what   purpose    the 
money  is  required,  and  no  such  warrant  shall  be  drawn  unless 
there  is  money  in  the  treasury  to  the  credit  of  such  district. 
Provided,  that  school  trustees  shall  have  the  authority  to  issue 
warrants  in  anticipitation  of  school  moneys   which  have  been 
levied  but  not  collected,  for  the  payment  o;f  current  expenses 
of    schools,    but    such    warrants    shall    not    be    drawn    in    any 
amount  in   excess  of  the  sum  already  levied.     (Act   approved 
March    i/j-th,    1901,   Sec.    i).     (7th  Sess.    121). 

State  v.  Cave,  20  Mont.  473;   52  Pac.  202. 

Jay  v.  iSchool  District,  24  Mont.  228;  61  Pac.  253. 

831.  (Sec.    1738.)     Preside   at   Institutes. — He   shall    preside 
over  all  teachers'  institutes  held  in  his  county,  and  shall  elec: 
suitable  persons  to  instruct  therein  from   the   list  of   teachers 
commissioned  by  the  state  board  of  education.     (Act  approved 
March  n,   1895). 

832.  (Sec.    1730.)     May   Issue   Temporary   Certificates. — He 
shall  have  power  to  issue,  if  he  deem  it  proper  to  do  so,  tem- 
porary  certificates,   valid   until   the   next   regular    examination, 
to  persons  holding  certificates  of  like  grade  granted  in  other 
counties,  or  upon  any  certificates  or  diplomas  possessed  by  the 
applicant   sho-wing   his   fitness   for   the  profession   of   teaching; 
Provided,  that  no  person  shall  be  entitled  to  receive  such  tem- 
porary certificates  more  than  once  in  the  same  county.     (Act 
approved    March    n,    1895). 

833.  (Sec.   1740.)     Annual  Report. — He   shall,   on   or  before 


88  GENERAL   SCHOOL   LAW 

ARTICLE   III. 
School    Districts. 

Section  839.     School   district   defined. 

Section  840.     Organization  of  new  district. 

Section  841.     District  boundaries. 

Section  842.     Apportionment   of   moneys    to   new    districts. 

Section  843.     Division  of  district  funds  and  property. 

Section  844.    District  in  two  counties. 

Section  845.    Employment  of  teacher  not  qualified. 

Section  846.     Mtust  maintain  school  for    four     months.     Division  of 

district. 

Section  847,     Unauthorized  text  books;    penalty. 
Section  848.     Powers  as  body  corporate. 
Section  849.     When  district  may  be  created. 

839.  (1750.)     School    District    Defined. — The    term    "school 
district,"  as  used  in  this  title,  is  declared  to  mean  the  territory 
under  the  jurisdiction  of  a  single  board,  designated  as  "board 
of   trustees,"   and   shall   be   organized  in   form   and   manner   as 

hereinafter  provided,  and  shall  be  known  as  district  No 

of    county ;    Provided,    that    all    school    districts    now 

existing,  as  shown  by  the  records  of  the   county  superintend- 
ents,   are    hereby    recognized    as    legally    organized    districts. 
(Acts    approved    March    n,    1895). 

840.  (1751.)       Organization     of     New     District. — For     the 
purpose      of     organizing      a      new      district,      a      petition      in 
writing      shall      be     made      to      the      county      superintendent, 
signed    by    the    parents    or    guardians    of    at    least    ten    census 
children,    between    the    ages    of    six    and    twenty-one    years, 
residing  within   the   boundaries   of   the   proposed   new   district, 
and  residing  at  a  greater   distance   than   two   miles   from   any 
school   house,   which  petition   shall   describe   the   boundaries   of 
the  proposed  new  district  and  give  the  names  of  all   children 
of  school  age  residing  within  the  boundaries  of  the  proposed 
new    district,    at    the    date    of    presenting    said    petition.     The 
County   Superintendent  shall  give   notice   to   parties   interested 
by  posting  notices  at  least  ten  days  prior  to  the  time  appointed 
by  him   for  considering  said  petition,   in  at  least   three  of  the 
most  public  places   in   the   proposed   new   district,   and   one   on 
the  school  house  door  of  each  district  affected  by  the  proposed 
change,   or   if   there   be   no   school   house,   then    in   one   of   the 
most  public  places  of  said  old  district,  and  shall  on  the  day  fixed 
in   the   notice   proceed   to   hear  said   petition,   unless   a   protest, 


STATE    OF    MONTANA.  89 

in  writing,  signed  by  at  least  a  majority  of  the  tax  paying 
freeholders  residing  within  such  proposed  school  district  shall 
be  filed  with  the  county  superintendent  of  schools  before  or 
at  the  time  fixed  in  the  notice  of  the  hearing  of  said  petition, 
and  in  that  event  such  new  and  proposed  school  district  shall 
not  be  created.  If  no  such  protest  be  filed  then  the  county 
superintendent  shall  make  an  order  establishing  said  district 
and  describing  the  boundaries  thereof,  and  from  any  order 
made  by  the  county  superintendent  of  schools  an  appeal  may 
be  taken  by  three  resident  taxpayers  of  said  new  district  to 
the  board  of  county  commissioners  within  thirty  days,  and 
their  decision  shall  be  final ;  Provided,  that  should  the  countv 
superintendent  refuse  to  make  an  order  establishing  said  new 
district  an  appeal  may  be  taken  by  three  resident  tax  payers  of 
said  new  district,  in  the  manner  hereinbefore  described ;  Pro- 
vided, that  no  new  school  district  shall  be  established  whicn 
does  not  contain  property  of  an  assessed  valuation  of  at  least 
Ten  Thousand  Dollars  ($10,000),  as  shown  by  the  last  official 
assessment  roll  of  the  county  in  which  said  proposed  school 
district  is  located.  (Approved  March  3,  1911). 

841.  (Sec.  1752.)  District  Boundaries. — The  boundaries  of 
any  district  cannot  be  changed,  except  in  forming  new  dis- 
tricts, unless  a  majority  of  heads  of  families  residing  on  the 
territory  which  it  is  proposed  to  transfer,  or  include,  present 
a  petition  in  writing  to  the  county  superintendent,  which 
petition  shall  describe  the  change  which  it  is  proposed  to  have 
made.  It  shall  also  state  the  reason  for  desiring  said  change 
and  the  number  of  children  of  school  age  residing  in  the  terri- 
tory to  be  transferred  or  included.  The  county  superintendent 
shall  file  said  petition  in  his  office,  and  shall  give  notice  to 
parties  interested  by  posting  notices  at  least  ten  days  prior  to 
the  time  appointed  for  considering  said  petition,  one  of  which 
shall  be  in  a  public  place  in  the  territory  which  it  is  proposed 
shall  be  annexed  or  transferred,  and  one  on  the  door  of  the 
school  house  in  each  district  affected  by  the  change,  or  if 
there  be  no  school  house  in  such  district,  then  in  some  public 
place  in  such  district  or  districts,  and  at  the  time  stated  in 
said  notices  he  shall  proceed  to  hear  said  petition  and  if  he 
deem  it  advisable,  he  shall  grant  the  same  and  make  an  order 
fixing  the  boundaries,  and  unless  an  appeal  be  taken  to  the 
board  of  county  commissioners  within  thirty  days,,  and  upon 


88  GENERAL   SCHOOL   LAW 

ARTICLE    III. 
School    Districts. 

Section  839.     School   district   defined. 

Section  840.    Organization  of  new  district. 

Section  841.     District  boundaries. 

Section  842.     Apportionment   of   moneys    to   new    districts. 

Section  843.     Division  of  district  funds  and  property. 

Section  844.     District  in  two  counties. 

Section  845.     Employment  of  teacher  not  qualified. 

Section  846.    Muist  maintain  school  for    four     months.     Division  of 

district. 

Section  847,    Unauthorized  text  books;    penalty. 
Section  848.     Powers  as  body  corporate. 
Section  849.     When  district  may  be  created. 

839-  (1750.)  School  District  Defined.— The  term  "school 
district,"  as  used  in  this  title,  is  declared  to  mean  the  territory 
under  the  jurisdiction  of  a  single  board,  designated  as  "board 
of  trustees,"  and  shall  be  organized  in  form  and  manner  as 

hereinafter  provided,  and  shall  be  known  as  district  No 

of  county ;  Provided,  that  all  school  districts  now 

existing,  as  shown  by  the  records  of  the  county  superintend- 
ents, are  hereby  recognized  as  legally  organized  districts. 
(Acts  approved  March  n,  1895). 

840.  (1751.)  Organization  of  New  District. — For  the 
purpose  of  organizing  a  new  district,  a  petition  in 
writing  shall  be  made  to  the  county  superintendent, 
signed  by  the  parents  or  guardians  of  at  least  ten  census 
children,  between  the  ages  of  six  and  twenty-one  years, 
residing  within  the  boundaries  of  the  proposed  new  district, 
and  residing  at  a  greater  distance  than  two  miles  from  any 
school  house,  which  petition  shall  describe  the  boundaries  of 
the  proposed  new  district  and  give  the  names  of  all  children 
of  school  age  residing  within  the  boundaries  of  the  proposed 
new  district,  at  the  date  of  presenting  said  petition.  The 
County  Superintendent  shall  give  notice  to  parties  interested 
by  posting  notices  at  least  ten  days  prior  to  the  time  appointed 
by  him  for  considering  said  petition,  in  at  least  three  of  the 
most  public  places  in  the  proposed  new  district,  and  one  on 
the  school  house  door  of  each  district  affected  by  the  proposed 
change,  or  if  there  be  no  school  house,  then  in  one  of  the 
most  public  places  of  said  old  district,  and  shall  on  the  day  fixed 
in  the  notice  proceed  to  hear  said  petition,  unless  a  protest, 


STATE    OF   MONTANA.  89 

in  writing,  signed  by  at  least  a  majority  of  the  tax  paying 
freeholders  residing  within  such  proposed  school  district  shall 
be  filed  with  the  county  superintendent  of  schools  before  or 
at  the  time  fixed  in  the  notice  of  the  hearing  of  said  petition, 
and  in  that  event  such  new  and  proposed  school  district  shall 
not  be  created.  If  no  such  protest  be  filed  then  the  county 
superintendent  shall  make  an  order  establishing  said  district 
and  describing  the  boundaries  thereof,  and  from  any  order 
made  by  the  county  superintendent  of  schools  an  appeal  may 
be  taken  by  three  resident  taxpayers  of  said  new  district  to 
the  board  of  county  commissioners  within  thirty  days,  and 
their  decision  shall  be  final;  Provided,  that  should  the  county 
superintendent  refuse  to  make  an  order  establishing  said  new 
district  an  appeal  may  be  taken  by  three  resident  tax  payers  of 
said  new  district,  in  the  manner  hereinbefore  described ;  Pro- 
vided, that  no  new  school  district  shall  be  established  whicn 
does  not  contain  property  of  an  assessed  valuation  of  at  least 
Ten  Thousand  Dollars  ($10,000),  as  shown  by  the  last  official 
assessment  roll  of  the  county  in  which  said  proposed  school 
district  is  located.  (Approved  March  3,  1911). 

841.  (Sec.  1752.)  District  Boundaries. — The  boundaries  of 
any  district  cannot  be  changed,  except  in  forming  new  dis- 
tricts, unless  a  majority  of  heads  of  families  residing  on  the 
territory  which  it  is  proposed  to  transfer,  or  include,  present 
a  petition  in  writing  to  the  county  superintendent,  which 
petition  shall  describe  the  change  which  it  is  proposed  to  have 
made.  It  shall  also  state  the  reason  for  desiring  said  change 
and  the  number  of  children  of  school  age  residing  in  the  terri- 
tory to  be  transferred  or  included.  The  county  superintendent 
shall  file  said  petition  in  his  office,  and  shall  give  notice  to 
parties  interested  by  posting  notices  at  least  ten  days  prior  to 
the  time  appointed  for  considering  said  petition,  one  of  which 
shall  be  in  a  public  place  in  the  territory  which  it  is  proposed 
shall  be  annexed  or  transferred,  and  one  on  the  door  of  the 
school  house  in  each  district  affected  by  the  change,  or  if 
there  be  no  school  house  in  such  district,  then  in  some  publ'c 
place  in  such  district  or  districts,  and  at  the  time  stated  in 
said  notices  he  shall  proceed  to  hear  said  petition  and  if  he 
deem  it  advisable,  he  shall  grant  the  same  and  make  an  order 
fixing  the  boundaries,  and  unless  an  appeal  be  taken  to  the 
board  of  county  commissioners  within  thirty  days,,  and  upon 


90  GENERAL   SCHOOL   LAW 

a  hearing  thereof  the  decision  of  said  board  shall  be  final.  All 
of  the  papers,  documents  and  records  in  the  case  shall  be  certi- 
fied to  the  county  •  commissioners  for  their  determination  of 
the  matter  on  appeal;  Provided,  that  two  or  more  districts 
lying  contiguous  may,  upon  a  petition  of  a  majority  of  the 
heads  of  families  residing  in  each  of  said  districts  presented 
to  the  county  superintendent  in  writing,  be  united  to  consti- 
tute but  one  district;  Provided,  further:  That  joint  dis- 
tricts (districts  lying  partly  in  one  county  and  partly  in  an- 
other) may  be  formed  in  the  same  manner  as  other  new  dis- 
tricts are  formed,  except  that  the  petition  herein  provided  for 
must  be  made  to  the  county  superintendent  of  each  county 
affected;  but  in  the  case  of  joint  districts,  all  of  the  provisions 
herein  enumerated  for  the  formation  of  a  new  district  must  be 
by  concurrent  action  of  the  superintendent  of  each  county 
affected.  (Act  approved  March  n,  1895). 

842.  (Sec.    1753.)     Apportionment  of  Moneys  to  New  Dis- 
tricts.— No  new  district,  formed  by  the  subdivision   of  an   old 
one,  shall  be  entitled  to  any  share  of  public  money  belonging 
to  the  old  district  until  a  school  has  actually  been  taught  one 
month    in    the    new    district,    and    unless    within    eight    months 
from    the    order   of    the    county    superintendent    granting    such 
new  district,  a  school  is  opened,  the  action  making  a  new  dis- 
trict shall  be  void  and  all  elections  or  appointments  of  trustees 
or   clerks   made   in  consequence  of  such   action,   and   all   rights 
and  office   of  parties   so   elected   or   appointed   shall   cease   and 
determine.     (Act  approved  March   n,   1895). 

843.  (Sec.  1754.)     Division  of  District  Funds  and  Property 
1 — When  a  new  district  is  formed  from  one  or  more  old  ones, 
the  school  funds  remaining  to  the  credit  of  the   district,  after 
providing   for  all   outstanding   debts,   excepting   debts   incurred 
for  building  and  furnishing  school  houses,  shall  be  divided  as 
follows:     The  basis  for  the  division  of  the  school  fund  shall  be 
the    school    population,    as    shown    by    the    last    school    census 
before    the    division   of   the    district   or   districts   occurred,    and 
shall  apply  to  such  funds  as  remain  to  the  credit  of  said  old 
district  or  districts  at  the  time  of  the  organization  of  said  new 
district,  and   said  district  shall  receive   funds   in  proportion   to 
its  per  cent,  of  the  said  census.     In  case  of  division,  'each  dis- 
trict shall  own  and  hold  all  permanent  property  such  as  sites, 
school    houses    and    furniture    situated    within    its    boundaries. 


STATE    OF    MONTANA.  91 

All  division  of  funds  under  this  provision  shall  i>e  made  by  the 
county  superintendent,  and  when  there  are  unpaid  special 
taxes  on  the  county  tax  book  belonging  to  a  district  at  .the 
date  of  its  division,  the  county  treasurer,  upon  being  notified 
of  such  division  by  the  county  superintendent,  shall  retain 
all  moneys  received  in  payment  of  such  special  tax  until  the 
same  shall  be  apportioned  by  the  county  superintendent,  whose 
duty  it  shall  be  to  apportion  said  money  quarterly  between  the 
fractions  of  the  divided  district,  according  to  the  location  of 
the  property  on  which  said  tax  was  levied.  At  the  first  ap- 
portionment after  the  organization  of  a  new  district,  the  county 
superintendent  shall  apportion  to  such  district  its  per  capita 
proportion  of  the  general  fund,  but  no  money,  either  from  the 
general  or  special  fund,  shall  be  paid  out  of  the  county  treas- 
ury on  account  of  such  district,  until  a  school  shall  have  been 
taught  therein  one  month.  (Act  approved  March  n,  1895). 

844.  (Sec.   1755.)     District  in  Two  Counties. — Whenever  a 
district   lies   partly   in   one   county   and   partly   in   another,   the 
county    superintendent    must    apportion    to    such    district    such 
proportion  of  the  school  monev  to  which  such  district  is  enti- 
tled as  the  number  of  school  census  children  residing  in  that 
portion  of  the  district  situate  in  his  county  bears  to  the  whoie 
number  of  school  census   children   in-  the  whole   district.     The 
trustees    and    teachers    of    joint    districts    must    make    to    the 
superintendent  of  each  county  in  which  the  district  is  located, 
the    reports    which    other    trustees    and    teachers    are    required) 
to  make  and   also   the   number  of  pupils   attending   the   school 
from  each  county;  and  all  other  acts  which  from  their  nature 
should  be  separately  kept  and  done,  as  if  each  portion  of  said 
joint  district  belonging  to  each  county  were  an  entire  district 
in  the  respective  counties.     The  teachers  of  such  joint  district 
shall  have   certificates,   from   the  superintendent  of  the  county 
in  which   the  school  house   is   located.     (Act  approved   March 
u,   1895). 

845.  Employment  of  Teacher  not  Qualified. — The  board   of 
trustees  of  any  school   district  who  shall   employ   any  teacher 
who  is  not  legally  qualified  to  teach  in  public  schools  of  their 
district,   shall   be   deemed   guilty  of  a   misdemeanor ;   Provided, 
that  this  Section  shall  not  apply  to  those  trustees  who  do  not 
consent    to    such    employment.     (Act    approved    March     i4th, 
1901,   Sec.   3).     (7th   Sess.   Chap.    122). 


92  GENERAL   SCHOOL   LAW 

Jay  v.  School  District,  24  Mont.  223;  61  Pac.  251.  A  contract 
for  the  employment  of  a  teacher  holding  a  certificate  for 
a  school  year  of  nine  months,  is  of  no  effect.  Teachers 
must  make  annual  reports  to  the  county  superintendent, 
or  if  the  employment  be  only  three  months,  at  the  end 
of  such  time. 

846.  Must  Maintain  School  for  Four  Months.     Division  of 
District. — No   school   district  shall   be   entitled   to   receive   any 
apportionment   of   any    school    moneys,    which    shall    not    have 
maintained  a  free  school  for  at  least  four  months   during  the 
next  preceding  school  year,  nor  shall  any  school  district,  which 
fails  to   make   its  annual  report  to   the   county   superintendent, 
as  provided  by  law,  on  or  before  October   I5th  of  each  year, 
be  entitled  to  receive  any  apportionment  of  any  school  moneys. 
Any  and  all  such  moneys  thus  forfeited  by  any  school  district 
shall    be    apportioned    by   the    county   superintendent   to    other 
school  districts  of  his  county;  Provided,  that  any  new  district 
formed  by  the  division  of  an  old  one  shall  be  entitled  to  its 
apportionment,  where  the  time  that  school  was  maintained  In 
the  old  district  before  division,  and  in  the  new  one  after  divi- 
sion,   shall    be    equal    to    at   least   four    months,    and,    provided 
further,  that  in  isolated  sections  of  a  district  consisting  of  not 
less   than   four   children   and   districts   not  less   than   five   miles 
from    the   established   school    house    in    such    district,    where    a 
school   is   maintained   for   three   or   four   months   by   a   regular 
qualified  teacher  for  the  benefit  of  the  children  of  the  families 
of  such  section,  such  district  may  draw  the  apportionment  of 
school  money  for  the  children  so  attending  said  schools.     (Act 
approved   March   6;    1909). 

847.  Unauthorized    Text-Boks;    Penalty. — The    trustees    of 
any    school    districts    using   text-books    other    than    those    pre- 
scribed   by    law    (except    for    supplementary    purposes)     shall 
be  deemed  guilty  of  a  misdemeanor.     Provided,  that  the  fore- 
going shall  only  apply  to  those  trustees  consenting  to  the  use 
of  such  other  books.     (Act  approved  March  8th,  1897,  Sec.  4). 
(5th   Sess.    130). 

848.  (Sec.    1759.)       Powers     as     Body     Corporate. — Every 
school  district  constituted  and  formed  as  provided  in  this  title 
shall   be   and   is   hereby   declared   to  be   a   body   corporate,   and 
under  its  own  proper  name  or  number  as  such  corporate  body 
may  sue  and  be  sued,  contract  and  be  contracted  with,  and  may 
acquire,   purchase  and  hold   and   use   personal   or  real  property 


STATE    OF    MONTANA.  93 

for  school  purposes  mentioned   in  this   title,  and   sell   and   dis- 
pose of  the  same.     (Act  approved  March   u,   1895). 

Jay  v.  School  district  24  Mont.  232;  61  Pac.  254.  School  dis- 
tricts are  .public  corporations  'but  their  powers  are  very 
limited.  They  can  exercise  none  except  such  as  are  con- 
ferred by  the  law  creating  them. 

849.  (Sec.  1760.)  When  District  May  be  Created. — 'No 
school  district  shall  be  created  between  the  first  day  of  March 
and  the  first  day  of  September  following  of  each  year.  (Act 
approved  March  n,  1895). 


ARTICLE    IV. 
Election  of  School  Trustees. 

Section  850.  Election  of  trustees,  classification  of  districts. 

Section  851.  Elections  in   districts  of  first  class. 

Section  852.  Conduct  of  election. 

Section  853.  Counity  commissioners   to   call  election. 

Section  854.  Appointment  of  judges  and  notices  of  election. 

Section  855.  Hours*  of  election. 

Section  856.  Publication  of  notice  of  election. 

Section  857.  Qualification   of   electors. 

Section  858.  Ballots  and  method  of  voting. 

Section  859.  Challenges.       Oath  of  voters. 

Section  860.  Tally  list  and  certificates  of  votes  cast. 

Section  861.  Canvass  of  votes. 

Section  862.  Term  of  office.     Oath  of  trustee. 

Section  863.  Qualification  of  trustee. 

Section  864.  Registration  of  voters. 

Section  865.  Duty  of  registry  agent. 

Section  866.  Expenses  of  election. 

Section  867.  -Bond  and  compensation  of  trustees. 

850.     Election   of   Trustees;    Classification   of    Districts. — An 

annual  election  of  school  trustees  shall  be  held  in  each  school 
district  in  the  state  on  the  first  Saturday  in  April  in  each  year, 
at  the  district  school  house,  if  there  be  one,  and  if  there  be 
none,  at  a  place  designated  by  the  board  of  trustees  or  the 
county  commissioners,  as  the  case  may  be.  All  districts  hav- 
ing a  population  of  eight  thousand  or  more,  are,  and  hereafter 
shall  be,  districts  of  the  first  class.  All  districts  having  a 
population  of  one  thousand,  or  more,  and  less  than  eight  thou- 
sand, are,  and  hereafter  shall  be,  districts  of  the  second  class, 
and  all  districts  having  a  population  of  less  than  one  thousand 
are,  and  hereafter  shall  be,  districts  of  the  third  class.  In  dis- 


94  GENERAL   SCHOOL   LAW 

tricts  of  the  first  class,  the  number  of  trustees  shall  be  seven; 
in  districts  of  the  second  class  the  number  of  trustees  shall  be 
five,  and  in  districts  of  the  third  class  the  number  of  trustees 
shall  be  three.  In  school  districts  having  a  population  of  over 
twenty  thousand  people  there  shall  be  elected  at  the  annual 
election  of  school  trustees  to  be  held  on  the  first  Saturday  in 
April,  1911,  two  trustees  for  the  term  of  three  years  each;  and 
that  on  the  first  Saturday  in  April  1912,  there  shall  be  elected 
three  trustees  for  the  term  of  three  years  each,  and  two  trus- 
tees for  the  term  of  one  year  each;  and  thereafter  there  shall 
be  elected  at  the  annual  election  of  school  trustees,  a  trustee 
or  trustees,  to  succeed  the  trustee  or  trustees  whose  term  ex- 
pires, whkh  election  shall  be  for  the  term  of  three  years.  A 
vacancy  in  the  office  of  school  trustee  must  be  filled  by  ap- 
pointment by  the  County  Superintendent  of  Schools  subject  ro 
confirmation  by  a  majority  of  the  remaining  members  of  said 
Board,  if  those  remaining  constitute  a  majority  of  the  total 
number  of  the  board,  which  trustee  so  appointed  shall  hold 
office  until  the  next  annual  election,  at  which  election  there 
shall  be  elected  a  school  trustee  for  the  unexpired  term. 
Approved  Feb.  10,  1911. 

851.  Election  in  Districts  of  First  Class. — In  districts  of  the 
first   class   the   election   shall   be   under   the   supervision   of   the 
board   of   county    commissioners    of   the    county   in    which    the 
same  are  situated,  and  shall  be  held  and  conducted  as  herein- 
after provided.     (Act  approved  March  6th,  1897,  Sec.  2).     (5':h 
Sess.    137). 

852.  Conduct   of   Election. — In   districts   of   the   second   and 
third  classes,  the  election  of  school  trustees  shall  be  held  and 
conducted  under  the  supervision  of  the  board  of  school  trustees. 
The  clerk  of  the  school  district  must  not  less  than  fifteen  days 
before   the    election   required   under    this    Act,    post   notices    in 
three  public  places  in  said  district,   and   in   incorporated  cities 
in  each  ward,  which  notices  must  specify  the   time   and   place 
of  election,  and  the.  hour  during  which  the  polls  will  be  opened. 
The  trustees  must  appoint  by  an  order  entered  in  their  records 
three   qualified   electors   of   said   districts,   to   act   as   judges   at 
such   election,   and   the   clerk  of  the   district  shall   notify   them 

,  by  mail  of  their  appointment.  Said  judges  shall  appoint  one  of 
their  number  to  act  as  clerk  at  such  election.  If  the  judges 
named  are  not  present  at  the  time  for  opening  the  polls,  the 


STATE    OF    MONTANA.  95 

electors  present  may  appoint  judges,  and  the  judges  so  ap- 
pointed shall  designate  one  of  their  number  to  act  as  clerk. 
In  the  districts  of  the  second  and  third  classes,  having  fifty  or 
more  children  of  school  age,  the  names  of  all  candidates  ipf 
membership  on  the  school  board  must  be  received  arid  filed 
by  the  clerk  and  posted  at  each  polling  place  at  least  five 
days  next  preceding  the  election.  Any  five  qualified  electors 
of  the  district  may  file  with  the  clerk  the  nominations  of  as 
many  persons  as  are  to  be  elected  to  the  school  board  at  the 
ensuing  election.  (Act  approved  February  28th,  1899,  Sec. 
i).  (6th  Sess.  56-7). 

853.  County  Commissioners  to  Call  Election. — The  board  of 
county    commissioners    shall,    at    least    thirty    days    before    the 
annual  election  of  school   trustees,   by   an   order   entered   upon 
the  minutes  of  their  meeting,  designate  and  establish  a  suitable 
number  of  polling  places,  and  create  an  equal  number  of  elec7 
tion  precincts  to  correspond,  and  define  the  boundaries  thereof. 
(Act  approved  March  3rd,  1899,  Sec.  2).     (6th  Sess.  58). 

Hauswirth  v.  Mueller,  25  Mont.  160;   64  Pac.  325. 

854.  Appointment  of  Judges  and  Notices  of  Election. — The 
board  of  county  commissioners  shall,  at  least  ten  days  before 
the  day  of  annual  election   for  trustees  in   any   district  of  the 
first   class,   appoint   three   qualified   electors   of   the   district   for 
each  polling  place  established,  to  act  as  judges  of  election,  and 
the   county   clerk   shall    notify   such   persons   by   mail   of    their 
appointment.     Such  judges  shall  .designate  one  of  their   num- 
ber to  act  as  clerk  at  such  election.     If  the  judges  appointed 
or  any  of  them  are  not  present  at  the  time  for  the  opening  of 
the  polls,  the  electors  present  may  appoint  judges,  who  must 
be  qualified  electors  to  act  in  the  place  of  those  who  are  absent. 
The  county  clerk  shall,  at  least  fifteen  days  before  the  election 
required  to  be  held  under  this  Act,  in  districts  of  the  first  class, 
give  notice  of  the  election  to  be  held  in  all  said  districts,  by 
posting  a  notice  thereof  in  three  public  places  in  the   district, 
and    in    incorporated    cities    and    towns    in    each    ward,    which 
notices  must  specify  the  time  and  place  of  election,  the  num- 
ber of  trustees  to  be  elected,  and  the  hours  during  which  the 
polls  will  be  open.     (Act  approved  March  6th,   1897,   Sec.   5). 
(5th  Sess.    138). 

855.  Hours  of  Election. — In   districts   of  the   first   class   the 
polls   must  be   opened   at  eight  o'clock  A.   M.,   and   kept   open 


96  GENERAL   SCHOOL   LAW 

until  twelve  o'clock  M.,  and  from  one  o'clock  P.  M.,  until 
eight  o'clock  P.  M.  In  districts  of  the  second  and  third  classes 
the  polls  may  be  opened  for  such  length  of  time  as  the  board 
of  trustees  may  order:  Provided  that,  such  polls  must  be  kept 
open  from  two  o'clock  P.  M.,  to  six  o'clock  P.  M.  (Act  ap- 
proved March  6th,  1897,  Sec.  6).  (5th  Sess.  138). 

856.  Publication  of   Notice  of   Election. — 'Whenever   in   the 
judgment  of  the  board  of  county  commissioners  the  best  inter- 
ests of  the  district  will  be  served  by  the  publication  of  such 
notices  of  election  in  some  newspaper  in  the  county,  they  may, 
by  an  order  entered  on  the  minutes  of  their  meeting,  direct  the 
county  clerk  to  publish  the  notice   of  election   required   to  be 
given  in  districts  of  the  first  class  in   some  newspaper  in   the 
county.     (Act  approved   March  6th,   1897,   Sec.   7).     (5th   Sess. 

138). 

857.  Qualification  of  Electors. — Every  citizen  of  the  United 
States  who  has  resided  in  the  State  of  Montana  for  one  year, 
and  thirty  days  in  the  school  district  next  preceding  the  elec- 
tion, may  vote  thereat.     Women  of  the  age  of  twenty-one  years 
and  upwards  who  are  citizens  of  the   United  States,  and  who 
have   resided   in   the    State   of   Montana   one   year,   and   in   the 
school  district  for  thirty  days  next  preceding  the  day  of  elec- 
tion,  may   vote    thereat;    Provided,   however,    that   before    any 
such  person  shall  be  entitled  to  vote  in  any  district  of  the  first 
class,  he  or  she  shall  have  registered  as  in  this  Act  hereinafter 
required.     (Act    approved    March    6th,     1897,     Sec.    8).     (5th 
Sess.  138-9). 

858.  Ballots  and  Method  of  Voting. — The  voting  must  be  by 
ballot,  without  reference  to  the  general  election  laws  in  regard 
to  nominations,  form  of  ballot,  or  manner  of  voting  in  districcs 
of   the   second    and    third    class.     But   in    districts   of   the    first 
class   the   ballot  shall   show  the  name  or  names  of  the   candi- 
dates and  the  length  of  time  for  which  they  are  to  be  elected. 
These    ballots    shall    be   as   near    as    possible    in    the    following 
form : 


STATE    OF   MONTANA.  97 

FOR    SCHOOL   TRUSTEES. 

For  three  (3)  year  term. 
Vote  for  three: 

JOHN  ABNER. 
WILLIAM   BROWN. 

ADAM  SMITH. 

For  one   (i)   year  term. 
Vote  for  one. 

GEORGE  DAVIS. 

In  districts  of  the  first  class  no  person  shall  be  voted  for 
or  elected  as  trustees,  unless  he  or  she  has  been  nominated 
therefor  by  a  bona  fide  public  meeting  held  in  the  district  at 
least  ten  days  before  the  day  of  election,  and  at  which  at  least 
twenty  qualified  electors  were  present,  and  a  chairman  and 
secretary  were  elected,  and  a  certificate  of  such  nomination 
setting  forth  the  place  where  the  meeting  was  held,  giving  the 
names  of  the  candidates  in  full,  and  if  there  are  different  terms 
to  be  filled,  the  term  for  which  such  candidate  was  nominated, 
duly  certified  by  the  chairman  and  secretary  of  such  meeting, 
shall  be  filed  with  the  county  clerk  at  least  eight  days  before 
the  day  of  election.  The  nomination  and  election  of  any  per- 
son shall  be  void,  unless  he  or  she  was  nominated  at  a  meet- 
ing as  above  provided  at  which  at  least  twenty  qualified 
electors  were  present,  and  his  or  her  nomination  certified  and 
filed  as  aforesaid,  and  the  county  commissioners  shall  not 
count  any  votes  cast  for  any  person,  unless  he  or  she  has 
been  so  nominated  and  a  certificate  thereof  filed  as  herein  re- 
quired. The  county  commissioners  shall  cause  to  be  printed 
ballots  of  the  form  aforesaid,  on  which  shall  appear  the  names 
of  all  persons  who  are  regularly  nominated  and  whose  certifi- 
cate of  nomination  was  properly  filed  as  aforesaid.  In  dis- 
tricts of  the  first  class  the  person  desiring  to  vote  shall,  at 
the  time  he  or  she  presents  his  or  her  ballot,  announce  his 
or  her  name,  and  the  judges  of  election  if  they  find  such  name 
on  the  official  check  list,  or  if  not  and  he  or  she  takes  the 


98  GENERAL   SCHOOL   LAW 

oath  herein  prescribed,  one  of  the  judges  shall  take  the  bal- 
lot and  deposit  it  in  the  ballot  box,  and  the  clerk  shall  immed- 
iately write  the  name  of  such  person  on  the  poll  list  and  one 
of  the  judges  shall  write  opposite  the  said  name  on  the  official 
check  lists  the  word  "voted."  Any  person  voting  at  such  elec- 
tion who  is  not  entitled  to  a  vote,  and  any  person  voting  more 
than  once  thereat,  shall  be  guilty  of  a  misdemeanor  and  shall 
be  punished  accordingly ;  and  any  person  taking  a  false  oath, 
shall  be  guilty  of  perjury.  No  person  shall  be  entitled  to  a 
vote  at  any  election  for  school  trustees  in  any  district  of  the 
first  class  unless  his  or  her  name  shall,  on  the  day  of  election, 
appear  on  the  official  check  list  furnished  by  the  county  clerk 
to  the  judges  of  election;  Provided,  however,  if  any  person, 
otherwise  qualified  to  vote,  makes  oath  before  one  of  the 
judges  that  he  or  she  registered  at  any  registry  precinct  in 
such  district,  naming  it,  before  a  registry  agent,  giving  h;3 
name,  to  vote  at  said  election,  and  that  his  or  her  name  does 
not  appear  correctly  oh  said  check  list,  or  has  been  omitted 
therefrom,  or  that  by  reason  of  absence  or  sickness  during  the 
period  of  registration  he  or  she  was  unable  to  register,  the 
judges  of  election  shall  make  an  entry  opposite  his  or  her  name 
on  the  poll  list  to  the  effect  that  he  or  she  was  sworn  and 
voted,  and  shall  permit  him  or  her  to  vote.  The  county  com- 
missioners shall  provide  for  each  election  of  trustees  double 
as  many  ballots  as  there  are  voters  registered  within  such  dis- 
trict. No  other  ballot  than  that  provided  by  the  county  com- 
missioners shall  be  received  by  the  judges,  and  in  districts  of 
the  first  class,  where  a  daily  paper  is  issued,  the  commis- 
sioners shall  cause  to  be  published  in  at  least  one  paper  for 
three  days  preceding  the  election,  such  official  ballot,  and  in 
such  districts  where  there  is  no  daily  paper,  but  a  weekly,  the 
official  ballot  shall  be  printed  at  least  once  in  a  weekly  paper. 
Trustees  must  provide  in  each  polling  place  designated  by  them 
a  sufficient  number  of  booths,  places,  or  compartments,  which 
must  be  furnished  with  such  supplies  as  shall  enable  the  elector 
to  conveniently  prepare  his  or  her  ballot,  and  in  which  electors 
screened  from  observation  must  mark  their  ballots.  Guard 
railing  must  be  so  constructed  that  only  persons  within  such 
railing  and  officers  of  election  can  approach  within  ten  feet  of 
the  ballot  boxes  or  the  booths  herein  provided.  Before  de- 
livering any  ballot  to  an  elector  the  judges  must  print  on  the 


STATE   OF    MONTANA.  99 

back  and  near  the  top  of  the  ballot,  with  a  rubber  stamp,  the 
designation  "official  ballot."  Each  qualified  elector  shall  re- 
ceive from  the  judge  one  ballot.  The  elector  on  receiving  his 
or  her  ballot  must  forthwith  without  leaving  the  polling  place, 
and  within  the  guard  rail  provided,  and  alone,  retire  to  one  OL 
the  booths  or  compartments,  and  prepare  his  or  her  ballot,  by 
marking  a  cross  before  the  name  of  each  candidate  for  whom  he 
or  she  desires  to  vote.  After  preparing  his  or  her  ballot  the 
elector  must  fold  it  so  that  the  face  of  the  ballot  will  be  con- 
cealed and  so  that  the  endorsement  stamped  thereon  may  be 
seen.  He  or  she  must  then  vote  forthwith,  and  before  leaving 
the  polling  place.  Any  elector  who,  because  of  physical  dis- 
ability or  inability  to  read  the  English  language  is  unable  to 
mark  his  ballot,  may  request  one  of  the  judges  to  help  him  or 
her.  Any  elector  who,  by  accident  or  mistake  spoils  his  or 
her  ballot,  may  on  returning  the  spoiled  ballot  receive  another. 
(Act  approved  March  6th,  1897,  Sec.  9).  (5th  Sess.  139-141). 
State  v.  Long,  21  Mont.  32;  52  Pac.  647. 

859.  Challenges.     Oath  of  Voters. — Any  person  offering  to 
vote  may  be  challenged  by  any  elector  of  the  district,  and  the 
judges   must   thereupon    administer   to   the   person    challenged, 
an  oath. in  substance  as  follows:     "You  do  solemnly  swear  that 
you  are  a  citizen  of  the  United  States ;  that  you  are  twenty- 
one  years  of  age;  and  that  you  have  resided  in  this  state  one 
year,  and  in  this  school  district  thirty  days  next  preceding  this 
election,  and  that  you  have  not  voted  this  day.     So  help  you 
God."     If  he  or  she  is  a  resident  of  a  district  of  the  second  or 
third  class,  and  he  or  she  takes  this  oath,  his  or  her  vote  must 
be  received;  otherwise  rejected.     If  he  or  she  is  a  resident  of  a 
district  of  the  first  class  and  takes  this  oath,  and  has  complied 
with   the   provisions   of  this   Act,    with    reference    to    elections 
therein  or  complies  herewith,  his  or  her  vote  must  be  received ; 
otherwise   it  shall   be   rejected.     Any   person  who   shall   swear 
falsely  before  any  registry  agent  or  judge  of  election,  shall  be 
guilty    of    perjury    and    shall    be    punished    accordingly.     (Act 
approved  March  6th,   1897,  Sec.    10).     (5th   Sess.   141). 

State  v.  Long,  21  Mont.  32;   52  Pac.  647. 

860.  Tally   List  and   Certificates   of  Votes   Cast— At   every 
election  held  under  this  Act,  in  the  districts  of  the  first  class,  a 
poll  and  tally  list  shall  be  kept  by  the  judges  and  clerk  at  each 
polling  place,  and  immediately  after  the  close  of  the  polls  the 


100  GENERAL  SCHOOL  LAW 

judges  shall  count  the  ballots,  and  if  there  be  more  ballots 
than  votes  cast  the  judges  must  draw  by  lot  from  the  ballots 
without  seeing  them,  a  sufficient  number  of  ballots  to  make  the 
ballots  remaining  correspond  with  the  number  of  votes  cast. 
The  clerk  shall  write  down  in  alphabetical  order  in  a  poll  book 
provided  for  that  purpose  the  name  of  every  person  voting 
at  the  time  he  or  she  deposits  his  or  her  ballots.  There  shall 
also  be  provided  a  tally  list  for  each  polling  place;  after  the 
ballots  have  been  counted  and  made  to  agree  with  the  poll  list, 
the  judges  shall  proceed  to  count  them.  The  clerk  shall  enter 
in  the  tally  list  the  name  of  every  person  voted  for  trustee, 
and  the  term,  and  tally  opposite  his  or  her  name,  the  number 
of  votes  cast  for  him  or  her  and  at  the  end  thereof  set  down 
in  a  column  provided  for  that  purpose  the  whole  number  of 
votes  he  or  she  has  received.  The  judges  and  clerk  shall  sign 
a  certificate  to  said  tally  list  setting  forth  the  whole  number 
of  votes  cast  for  each  person  or  trustee,  designating  the  term, 
and  they  shall  verify  the  same  as  being  correct  to  the  best  of 
their  knowledge  before  an  officer  authorized  to  administer 
oaths.  No  informality  in  such  certificate  shall  vitiate  the  elec- 
tion, if  the  number  of  votes  received  for  each  person  can  rea- 
sonably be  ascertained  from  said  tally  list.  In  districts  of  the 
second  and  third  class  said  books  and  tally  list  shall  be  re- 
turned to  the  board  of  trustees  of  the  district,  who  shall  can- 
vass the  vote  and  cause  the  clerk  of  the  district,  to  issue  certi- 
ficates of  election  to  the  person  or  persons  elected,  designating 
their  term,  a  copy  of  which  must  be  forwarded  to  the  county 
superintendent  of  schools.  In  districts  of  the  first  class  said 
poll  books  and  the  tally  lists  shall  be  delivered  to  the  county 
clerk,  and  the  board  of  county  commissioners  shall  canvass 
the  votes.  School  trustees  are  hereby  authorized  to  admin- 
ister oaths  to  the  judges  of  election,  and  the  oath  of  office 
to  the  trustees  elected.  (Act  approved  March  6th,  1897,  Sec. 
n).  (5th  Sess.  142). 

861.  Canvass  of  Votes.— The  board  of  county  commissioners 
shall  canvass  the  votes  of  all  districts  of  the  first  class  in  the 
same  manner  that  they  are  required  to  canvass  the  votes  at 
other  elections  and  declare  the  results.  The  county  clerk  shall 
thereupon  make  out  and  mail  to  the  person  or  persons  elected 
a  certificate  of  election,  stating  the  term,  and  shall  mail  a 
copy  thereof  to  the  county  superintendent  of  schools.  (Acr 
approved  March  6th,  1897,  Sec.  12).  (5th  Sess.  142-3). 


STATE  OF  MONTANA.  101 

862.  Term   of    Office;    Oath   of   Trustee.— Trustees    elected 
shall   take   office    immediately   after   qualifying   and   shall   hold 
office  for  the   term   of  three  years   and   until   their   successors 
are  elected  and   qualified,   or  appointed  by   the  county   super- 
intendent of  schools  and  qualified.     Every  trustee  elected  shall 
file  his   or  her  oath  of  office   with   the  county  superintendent 
of  schools.     Any  trustee  who  shall  fail  to  qualify  within  fifteen 
days  after  being  elected  shall  forfeit  all  rights  to  office,  and 
the  county  superintendent  of  schools  shall  appoint  to  fill  the 
vacancy.     (Act    approved    March    6th,x   1897,    Sec.    13).     (5th 
Sess.    143). 

863.  Qualification  of  Trustee. — Any  person,  male  or  female 
who  is  a  qualified  voter  at  any  election  under  this  Act,  shall  be 
eligible  to  office  of  school  trustee  in  such  district.     (Act  ap- 
proved March  6,   1897,  Sec.   14).     (5th  Sess.   143). 

864.  Registration  of  Voters. — The  board  of  county  commis- 
sioners of  every  county  in  which  there  shall  be  a  school  dis- 
trict of  the   first   class  shall,   at  least   fifteen   days   before   the 
school  election  for  the  year  1897,  and  thereafter  at  least  twenty 
days  before  the  next  annual  school  election,  by  order  entered 
on  the  minutes  of  the  board,  lay  out  such  district  into  not  less 
than  two  nor  more  than  thirty  registry  precincts  as  may  seem 
to  the  board  most  necessary,  and  shall  define  the  boundaries 
thereof,  which  shall  be  known  as  School  Registry  Precinct  No. 
i,  School  Registry  Precinct  No.  2,  and  so  on.     They  shall  at 
the  same  time  the  registry  precincts   are   established,   appoint 
one  person,   male  or   female,   qualified   to   vote  at   the   coming 
election  in  such  precinct,  registry  agent  for  such  precinct,  and 
of  the  number  of  registry  agents  appointed,  they  shall  desig- 
nate  one   as   principal   registry   agent   for   said   school   district. 
All  registry  agents  shall  be  appointed  annually,  and  they  are 
hereby    authorized    and    empowered    to    administer    oaths    and 
affirmations,  and  to  do  such  other  acts  as  may  be  necessary  to 
carry  out  the  purposes  of  this  Act.     Before  entering  upon  the 
duties  prescribed  in  this  Act,  the  registry  agents  must  severally 
take  and  subscribe  before  an  officer  authorized  to  administer 
oaths  the  constitutional  oath  of  office,  and  file  the  same  with 
the   county   clerk   of   their  respective   counties.     The   board   of 
county    commissioners    shall    designate    the    place    where    the 
office  of  every  registry  agent  appointed  under  this  Act  shall 
be  kept,  and  they  shall  cause  to  be  published  in  a  newspaper 


102  GENERAL   SCHOOL   LAW 

in  the  district,  or  posted  in  at  least  three  places  in  each  registry 
precinct,  a  notice  of  registration,  which  shall  describe  the 
boundaries  of  each  registry  precinct,  give  the  location  of  the 
office,  and  the  name  of  the  registry  agent  therefor,  and 
the  date  when,  and  the  hours  during  which  the  office  of  the 
registry  agent  will  be  open,  and  during  which  persons  residing 
in  said  precinct  may  apply  and  be  registered  therein.  This 
notice  must  be  published  or  posted  for  three  days  preceding  the 
day  when  the  registration  begins,  and  continued  until  regis- 
tration is  closed,  and  shall  be  issued  and  signed  by  the  county 
clerk.  Every  registry  agent  appointed  under  this  Act,  shall 
open  his  office  for  the  purpose  of  registering  votes  in  his  or 
her  district  on  the  tenth  day  preceding  the  day  of  the  next 
annual  election  for  school  trustee;  Provided,  said  day  be  not 
Sunday  or  a  legal  holiday;  and  should  said  day  be  Sunday  or 
a  legal  holiday,  then  he  or  she  shall  open  his  or  her  office  on 
the  ninth  day  next  preceding  the  day  of  election.  He  or  she 
shall  keep  his  or  her  office  open  between  the  hours  of  nine 
A.  M.,  and  twelve  M.,  and  one  P.  M.,  and  five  P.  M.,  and 
from  six  P.  M.,  until  ten  P.  M.,  for  the  period  of  three  days, 
not  including  Sunday  or  a  legal  holiday  and  during  said  time 
he  or  she  shall  register  the  names  of  all  persons  residing  in 
his  or  her  registry  precinct,  qualified  and  entitled  to  vote 
at  the  coming  election,  or  who  will  have  a  vote  thereat  under 
the  provisions  of  this  Act.  Registry  agents  shall  not  sit  on 
Sundays  or  legal  holidays,  and  while  not  required  to  register 
during  the  hours  of  from  twelve  to  one  P.  M.,  and  five  to  six 
P.  M.,  they  may  nevertheless  do  so  if  they  desire.  Each  reg- 
istry agent  shall  be  provided  with  an  official  register.  He  or 
she  shall  enter  therein  under  the  proper  heading,  the  number 
and  date  of  registration,  the  name,  with  the  first  or  given 
name  in  full  and  the  nativity  of  the  elector,  together  with  the 
nnmber  or  particular  description  of  the  house,  room  or  building 
where  the  elector  resides  so  as'  to  reasonably  identify  the 
same.  The  names  shall  be  entered  in  alphabetical  order  the 
surname  being  written  first.  Every  person  desiring  to  be 
registered  for  such  election  must  apply  to  the  registry  agent 
for  the  precinct  in  which  he  or  she  shall  reside,  at  his  or  her 
office  during  the  hours  of  registration.  No  persons  shall  be 
registered  by  any  registry  agent  unless  such  person  is  at  the 
time  a  resident  of  his  or  her  precinct.  Every  person  applying 


STATE  OF  MONTANA.  103 

tc  the  registry  agent  shall  before  he  or  she  shall  be  entitled 
to  have  his  or  her  name  registered,  take  and  subscribe  to  the 
following  oath  or  affirmation,  which  shall  be  administered  by 
the  registry  agent  to-wit:  "I  do  solemnly  swear  or  affirm 
that  I  am  a  citizen  of  the  United  States,  or  that  I  am  entitled 
to  become  a  citizen  of  the  United  States,  and  it  is  my  honest 
intention  to  become  such  before  the  school  election  day  of  this 
year;  and  that  I  am  of  the  age  of  twenty-one  years,  ana  will 
have  actually  and  not  constructively,  been  a  bona  fide  resident 
in  Montana  twelve  months,  and  in  the  school  district  thirty 
days  next  preceding  the  day  of  election,  and  that  I  am  not 
registered  elsewhere  in  this  school  district  for  this  election 
year.  So  help  me  God."  The  registry  books  shall  be  open 
at  all  times  to  the  inspection  of  any  electors  of  the  district. 
(Act  approved  March  6,  1897,  Sec.  14).  (5th  Sess.  143). 
Hauswirth  v.  Mueller,  25  Mont.  162;  64  Pac.  326. 

865.  Duty  of  Registry  Agents. — The  county  commissioners 
in  establishing  the  voting  precincts  and  registry  precincts  shall 
so  arrange  them  that  each  voting  precinct  in  which  the  polling 
place  shall  be  established  shall  be  composed  of  a  certain  num- 
ber of  designated  registry  precincts.  On  the  next  day  suc- 
ceeding that  on  which  the  registration  is  closed  each  registry 
agent  shall  deliver  to  the  county  clerk  of  his  or  her  county 
his  or  her  official  registry  duly  certified  by  himself  or  her- 
self. The  principal  registry  agent  of  each  district  shall  im- 
mediately enter  upon  the  work  of  making  therefrom  official 
check  lists.  He  or  she  shall  copy  into  books  to  be  provided  for 
that  purpose  and  to  be  known  as  the  official  check  lists  for 
each  election  precinct,  designating  the  number  of  the  vot- 
ing precinct  thereon,  all  the  names  in  alphabetical  order  con- 
tained in  the  several  official  registers  which  have  been  returned 
from  the  several  registry  precincts  within  said  voting  precinct, 
together  with  the  other  entries  contained  in  the  official  reg- 
isters and  shall  complete  the  making  of  one  official  check  list 
in  such  manner  for  each  election  or  voting  precinct  which  has 
been  established,  within  five  days.  The  county  commissioners 
shall  allow  him  or  her  such  assistance  as  may  be  necessary 
to  complete  such  official  check  list  within  such  time.  When 
he  or  she  has  completed  the  official  list  he  or  she  shall  verify 
each  of  them  by  his  oath,  that  the  same  is  correct  according  to 
his  or  her  best  information,  knowledge  and  belief  and  deliver 


104  GENERAL   SCHOOL   LAW 

the  same  with  all  official  registers  to  the  county  clerk  who 
shall  on  the  day  of  election  at  or  before  the  time  for  the 
polls  to  open,  deliver  the  official  check  list  for  each  election 
precinct  or  polling  place  to  one  of  the  judges  thereof  at  such 
polling  place.  (Act  approved  March  9,  1897,  Sec.  14.)  (5th 
Sess.  145). 

866.  Expenses  of  Election. — All  the  expenses  necessarily  in- 
curred in   the  matter  of  holding  elections   for   school  trustees 
shall  be  paid  out  of  the  school  funds  of  the  district.     For  dis- 
tricts of  the  first  class  the  county  commissioners  shall  provide 
all  the  stationery,  books  and  supplies  and  all  bills  and  claims 
therefor  and  for  the  expenses  of  such  election  shall  be  present- 
ed to  and  allowed  by  the  board  of  county  commissioners  when 
audited  by  the  county  auditor  as  other  claims,  and  said  board 
shall  thereupon  cause  the  same  to  be  certified  and  delivered  by 
the  county  clerk  to  the  proper  board  of  school  trustees,  who 
shall  cause  the  same  to  be  paid  out  of  the  school  funds  of  the 
district  as  other  school  expenses  are  paid.     All  registry  agents 
shall  receive  the  sum  of  four  dollars  per  day  each  for  the  time 
which  they  shall  be  engaged  in  work  of  registration;  judges  of 
election  in  districts  of  the  first  class  shall  receive  not  to  exceed 
five   dollars  per  day  each   for   all   services   connected   with   the 
election.     Judges    of    election    in"  other    districts    shall    receive 
no    compensation.     The    compensation    hereby    provided    shall 
be  paid  in  the  same   manner  as  other   claims.     (Act  approved 
March  6th,    1897,   Sec.    14).     (5th   Sess.    143-6). 

867.  Bond    and    Compensation    of    Trustees. — Every    school 
trustee   in   a   district  of  the   first   class,   provided   said   districts 
shall   have   a  population   not  less   than   twenty  thousand,   shall 
give  an  official  bond  in  the   sum  of  ten   thousand   dollars,   for 
the  faithful   discharge   of  his  or  her  duties,   which   bond   shall 
be   approved  by   the   district  judge   and   filed   with   the    county 
clerk,  and  every  such  trustee  shall  be  entitled  to  receive  out  of 
the   school   funds   of   the   district  the   sum   of   four   dollars    for 
each  meeting  of  trustees,  which  he  or  she  shall  attend  in  giving 
the  necessary  attention  to  school  business,  not  exceeding  how- 
ever, one  meeting  each  week,  and  he  or  she  shall  receive   no- 
compensation  for  his  or  her  attendance  at  any  meeting  unless 
he    or    she    attends    throughout    its    entire    session.     The    com- 
pensation  here  provided   shall  be  audited   and  allowed   by   the 
board   of   trustees    and   entered   upon    their   records.     (Act   ap- 


STATE  OF  MONTANA. 


105 


proved  March  3rd,  1899).     (6th  Sess.  58-9) 
State  v.  Long,  21  Mont.  33;   52  Pac.  647. 


Section  868. 
Section  869. 
Section  870. 
Section  871. 
Section  872. 
Section  873. 
Section  874. 
Section  875. 
Section  876. 
Section  877. 
Section  878. 
Section  879. 
Section  880. 
Section  881. 
Section  882. 
Section  883. 
Section  884. 
Section  885. 
Section  886. 
Section  887. 
Section  888. 
Section  889. 
Section  890. 
Section  891. 
Section  892. 
Section  893. 
Section  894. 
Section  895. 
Section  896. 
Section  897. 
Section  898. 


ARTICLE    V. 
Board  of  Trustees. 

Powers.     Quorum. 

Term. 

Trustees  of  new  district. 

Annual   meeting.     Clerk.    Bond. 

Meeting  of  board. 

Financial   statement. 

Chairman.     Rules. 

Powers  and  duties. 

Pupils  may  attend  in  any  district. 

Transportation  of  pupils. 

Duties    concerning    out    houses. 

Same. 

Penalty. 

Power  over  property. 

iShall  not  be  interested  in  contracts. 

Liability. 

May  establish  high  schools. 

Misdemeanor.     Penalty. 

Re-payment  of  loans. 

Must   procure   American   flags. 

Flagsi  to  be  displayed. 

Expenses  of  flags. 

Refunding  bonds. 

Disposal  of  proceeds  of  bonds. 

District   responsible   on   bonds. 

Must  levy  tax  for  interest,  etc. 

Redemption  of  bonds. 

Payment  of  interest. 

Preparatio'n  of  bauds. 

Felony.     Penalty. 

Surplus  money  used  for  building. 


868.  (Sec.    1790.)     Powers.     Quorum. — Except    when    other 
wise  authorized  by  law  every  school  district  is  under  the  con- 
trol  of  a  board  of  school   trustees,   consisting  of   three   mem- 
bers, a  majority  of  which  constitutes  a  quorum  for  the  trans- 
action   of   business.     (Act    approved    March    II,    1895). 

Campana  v.  Calderhead,  17  Mont.  551;   44  Pac.  84. 

869.  (Sec.     1791.)     Term. — The    term    of    office    of    school 
trustees  is  three  years  from  the  third  Saturday  next  succeeding 
their   election.     (Act   approved   March    n,    1895). 


106  GENERAL    SCHOOL   LAW 

870.  (Sec.  1792.)     Trustees  of  New  District. — When  a  new 
district  is  organized,  such  trustees  of  the  old  as  reside  within 
the  limits  of  the  new  one  shall  be  trustees  in  the  new  district, 
and    the    county    superintendent    must    appoint    the    remaining 
trustees  for  the  new  and  the  old  districts,  who  shall 'hold  office 
until  the  next  annual  school   election.     (Act   approved   March 

ii,    1895). 

871.  Annual    Meeting.     Clerk.     Bond. — The    school   trustees 
shall  meet  annually  on  the  third  Saturday  in  April,  and  organ- 
ize  by   choosing   one  of   their   number   chairman,   and   a   com- 
petent person,  not  a  member  of  the  board   as   clerk.     In   dis- 
tricts  of   the   first   class,    the    clerk   before    entering   upon    the 
duties  of  his  office,  shall  be  required  to  give  an  official  bond 
in  the  sum  of  ten  thousand  dollars  conditioned  for  the  faithful 
performance  of  his  duties  and  to  be  approved  and  filed  as  other 
official   bonds.     (Act  approved   March   3,    1899,  Sec.   4).     (6th 
Sess.  59). 

872.  Meeting  of  Board. — The  board  shall  hold,  in   districts 
of  the  first  class  at  least  one  and  not  more  than  five  meetings 
each  month  for  the  transaction  of  its  business;  and  in  all  dis- 
tricts at  least  four  meetings   each  year  shall  be  held,   to-wit: 
On  the  third  Saturdays  of  April,  July,  October,  and  January, 
at  such  places  and  hours  as  shall  be  fixed  by   the  board.     A 
special  meeting  of  the  board  may  be  held  upon  the  call  of  the 
chairman  or  of  any  two  members  of  the  board  at  least  forty- 
eight  hours  written   notice   shall  be  given  to   each   member  of 
the  board  of  any  special  meetings,  and  no  business  transaction 
by  the  board  shall  be  valid,  unless  transacted  at  a  regular  or 
special   meeting  thereof.     (Act   approved   March  3,    1899.     Sec. 
5).     (7th  Sess.   59). 

873.  (Sec.   1795.)     Financial  Statement. — In  school   districts 
in  which  the  funds  shall  equal  or  exceed  twenty-five  thousand 
dollars  in  each  year,  there  shall  be  published  in  the  newspaper, 
which  has  contracted  to  do  the  public  printing  in  the  county  in 
which  the  district  is  located  between  the  first  and  tenth  day  of 
June   of   each   year,    and   between    the   first   and    tenth    day   of 
December    each    year    a    financial    statement    covering    the    six 
preceding   months,    showing   in    detail,    the    amount    of    money 
received,   the  amount  paid   out,   and   for   what   purpose   it  was 
so  paid,  and  the  balance  in  the  county  treasurer's  hands  to  the- 
credit  of  the   district  at  the  time  of  the   making  of  the   state- 


STATE  OF  MONTANA.  107 

ment.  The  costs  of  such  publications  shall  be  paid  by  order 
of  the  board  of  school  trustees  out  of  their  respective  school 
funds,  and  the  price  paid  must  not  exceed  per  folio  that  allowed 
by.  the  county  commissioners  for  the  publication  of  the  finan- 
cial statement  of  the  county  treasurer.  (Act  approved  March 

n,    1895). 

874.  (Sec.    1796.)     Chairman.     Rules. — The    chairman    shall 
preside  at  all  the  meetings  of  the  board,  and  shall  perform  such 
duties   as    usually   pertain   to   such  officer,   and   in    accordance 
with  the  customary  rules  of  order.     (Act  approved  March  n, 

1895). 

875.  Powers  and  Duties. — Every  school  board  unless  other- 
wise especially  provided  by  law  shall  have  power  and  it  shall 
be  its  duty: 

1.  To  prescribe  and  enforce  rules  not  inconsistent  with  law, 
or  those  prescribed  by  the  superintendent  of  public  instruction 
for  their  own  government  of  schools  under  their  supervision. 

2.  To  employ  or  discharge  teachers,  mechanics  or  laborers, 
and  to  fix  and  order  paid  their  wages;  to   determine  the  rate 
of  tuition  of  non-resident  pupils,  and  to  fix  the  compensation  to 
be  allowed  the  clerk  for  the  time  necessarily  spent  in  the  ser- 
vice of  the  district,  as  required  by  law,  or  as  directed  by  the 
board. 

3.  To  enforce  the  rules  and.  regulations  of  the  superintend- 
ent of  public  instruction  for  the  government  of  schools,  pupils 
and  teachers  and  to   enforce  the  course  of  study. 

4.  To  provide  for  school  furniture  and  for  everything  needed 
in  the  school  house  or  for  the  use  of  the  school  board. 

5.  To   rent,   repair   and   insure   school   houses. 

6.  To  build  or  remove  school  houses  and  to  purchase  or  sell 
school  lots,  when  directed  by  a  vote  of  the  district  so  to  do. 

7.  To   hold   in   trust   for   their   district   all   real   or   personal 
property  for  the  benefit  of  the  school  thereof. 

8.  To  suspend  or  expel  pupils   from   school   who   refuse  ^o 
obey   the   rules   thereof,  and  to   exclude  from   school,   cliildreit 
under  six  years  of  age   where  the   interest   of   the   school   re- 
quires  such   exclusion. 

9.  To   provide   books   for   indigent   children   on   the   written 
statement  of  the  teacher  that  the  parents  of  such  children  are 
not  able   to   purchase   them. 

10.  To  require  all  pupils  to  be  furnished  with  suitable  books 
as  a  condition   of  membership   in   the   school. 


108  GENERAL   SCHOOL   LAW 

11.  To  exclude  from  school  and  school  libraries,  all  books, 
tracts,   papers   and   other  publications   of   immoral   and   pernic- 
ious   nature. 

12.  To   require    teachers    to    conform    to    the    law. 

13.  To  make  an  annual  report,  as  required  by  law,  to  the 
county   superintendent   on   or  before   the   first   day   of   October 
in  each  year,  in  the  manner  and  form  and  on  the  blanks  pre- 
scribed and  furnished  by  the  superintendent  of  public  instruc- 
tion. 

14.  To    make    a    report    directly    to    the    superintendent    of 
public  instruction  whenever  instructed  by  him  to  do  so. 

15.  To    determine    what    branches,    if    any,    in    addition    to 
those   required   by   law   shall   be   taught   in   any   school   in   the 
district,  subject  to  the  approval  of  the  county  superintendent. 

16.  To  visit  every  school  in  their  district  at  least  once  ui 
each  term  and  to  examine  carefully  into  its  management,  con- 
dition and  want.     This  clause  applies  to  each  of  the  trustee-?. 

17.  To  provide  for  each  school  house   separate  out  houses 
for  the  sexes.     (Act  approved  March  8th,  1897,  Sec.  5).     (5th 
Sess.    130-131). 

Campan>a  v.  Calderhead,  17  Mont.  548;   44  Pac.  83. 

876.  Pupils    May    Attend    in    Any    District. — Whenever    a 
pupil  residing  in   one   district  desires  to   attend  school   in   an- 
other  district,   such   pupil   shall'  be   permitted   to   do   so ;    Pro- 
vided,  that   the   board   may   refuse   pupils   from   such    districts 
upon   the  ground  of   insufficient   room;   and   provided   further, 
that   any   board   of   trustees   may    in   their    discretion,    transfer 
school   moneys   due   by   apportionment   to    such   pupils   to    the 
district  in  which  they  may  attend  school.     (Act  approved  Feb- 
ruary  24th,    1903).     (8th    Sess.    Chap.    26). 

877.  Transportation     of     Pupils. — That     the     trustees     of 
any      school      district      in      the      State      of      Montana,      when 
they     shall     deem     it     for     the     best     interest     of     all     pupils 
residing     in     such     district,     may     close     their     school     and 
send   pupils   of   the    district   to    another    district    and    for    sucli 
purpose  are  hereby  empowered  to  expend  any  moneys  belong- 
ing to  their  district   for  the  purpose  of  paying  for  the  trans- 
portation of  the  pupils  from  their  district  to  such  other  dis- 
trict or  districts   and  for  the   purpose   of  paying  their  tuition. 
Whenever    the    trustees    of    any    school    district    in    the    state 
of  Montana  deem  it  for  the  best  interest  of  such  district  and 


STATE  OF  MONTANA.  109 


he  pupils  residing  therein  they  may  expend  any  moneys 
belonging  to  their  district  for  the  purpose  of  paying  for  the 
transportation  of  pupils  from  their  homes  to  the  pu'blic  school 
or  schools  maintained  in  such  district."  (Approved  Feb.  23, 
1911). 

878.  (Sec.    1798.)     Duties      Concerning      Outhouses. — It    is 
hereby  made  the  duty  of  the  school  trustees  of  all  school  dis- 
tricts in  this  state  to  provide  separate  privies  or  outhouses  for 
the  use  of  the  sexes  at  all  school  houses  where  the  same  do 
not  exist,  and  to  see  that  the  same  are  kept  in  good  repair,  and 
in    a    clean    condition.     Such    privies    or    outhouses    must    be 
located   and   built   in   such   manner   as    to    secure   privacy.     In 
all   cases  where   there   is   no   fence   dividing  the   play  yards   of 
the    sexes,    the    privies    or    outhouses    herein    named    shall    be 
separate  and   distinct   buildings,   and   situated   at   least   twenty 
feet    apart.     (Act    approved    Feb.    25,    1893). 

879.  (Sec.   1799).     Same.— It  shall  be  the  duty  of  all  trus- 
tees, teachers,  ianitor  or  janitors  of  school  districts  to  see  that 
all  privies  or  outhouses  are  kept  in  good  repair  and  in  a  clean 
condition.     (Act   approved    Feb.   25,    1893). 

880.  (Sec.  1800.)     Penalty. — Any  trustee  or  trustees,  teach- 
er, janitor  or  janitors  failing  to  comply  with  the  provisions  of 
this  act  shall  be   deemed  guilty  of  a  misdemeanor   and   upon 
conviction  thereof  shall  be  fined  in   a  sum  not   exceeding  one 
hundred   dollars  or  imprisoned   in  the   county  jail   not   exceed- 
ing ninety   days   or  both   such   fine   and   imprisonment   in   the 
discretion  of  the  court.     (Act  approved  Feb.  25,  1893). 

881.  (Sec.    1801.)     Powers    Over    Property.— The    board     >i 
trustees  of  each  school  district  shall  have  custody  of  all  school 
property  belonging  to  the  district,  and  shall  have  power  in  the 
name  of  the  district,  or  in  their  own  names  as  trustees  of  the 
district,  to  convey  by  deed  all  the  interest  of  their  district  "u 
or  to  any  school  house  or  lot  directed  to  be  sold  by  vote  of  the 
district  and  all  conveyances  of  real  estate  made  to  the  district 
or  to  the  trustees  thereof,  shall  be  made  to  the  board  of  trus- 
tees   of    the    district    and    to    their    successors    in    office ;    said 
board,  in  the  name  of  the  district  shall  have  power  to  transact 
all   business   necessary  for  maintaining  schools   and  protecting 
the  rights  of  the  district.     (Act  approved  March  n,   1895). 

882.  (Sec.    1802.)     Shall  Not  Be  Interested  in  Contracts. — 
It     shall     be     unlawful     for     any     school     trustee     to     have 


110  GENERAL    SCHOOL   LAW 

any  pecuniary  interest,  either  directly  or  indirectly,  in  any  erec- 
tion of  school  houses,  or  for  warming,  ventilating,  furnishing, 
or  repairing  the  same,  or  be  in  any  manner  connected  with  the 
furnishing  of  supplies  for  the  maintenance  of  the  schools,  or  to 
receive  or  to  accept  any  compensation  or  reward  for  services 
rendered  as  trustee.  No  board  of  school  trustees  shall  let  any 
contract  for  building,  furnishing,  repairing,  or  other  work,  for 
the  benefit  of  the  district,  where  the  amount  involved  is  two 
hundred  and  fifty  dollars,  or  more,  without  first  advertising,  in 
a  newspaper  published  in  the  county  for  at  least  two  weeks, 
calling  for  bids  to  perform  such  work,  and  the  board  shall 
award  the  contract  to  the  lowest  responsible  bidder;  provided, 
however,  the  bo-ard  of  school  trustees  shall  have  the  right  to 
reject  any  and  all  bids.  (Approved  February  25,  1909). 

883.  (Sec.  1803.)     Liability. — Any  board  of  trustees,  shall  be 
liable  as  trustees,  in  the  name  of  the  district,  for  any  judgment 
against   the   district,   for   any   salary   due   any   teacher   on    con- 
tract and  for  all  debts  legally  contracted  under  the  provisions 
of  this  title,   and   they  shall   pay  such  judgments   or   liabilities 
out  of  the  school  moneys  to  the  credit  of  such  district.     (Act 
approved  March   IT,   1895). 

Jay  v.  School  District,  24  Mont.  229;  61  Pac.  253.  This  section 
does  not  authorize  the  entry  of  a  judgment  against  a  school 
district  for  the  unpaid  salary  of  a  school  teacher,  where 
the  district  admits  'the  claim,  but  has  no  funds  applicable 
to  its  payment,  and  the  failure  to  pay  the  salary  is  not 
a  violation  of  duty  by  the  trustees. 

884.  (Sec.     1804.)     May    Establish    High    Schools.— When- 
ever the  interests  of  the  district  require  it  a  board  o*f  trustees 
may  establish   a   high   school,   employ   a   principal   teacher   and 
subordinate   teachers,   and   grade   the   school   into    departments 
and    classes.     (Act   approved   March    n,    1895). 

885.  (Sec.  1805.)   Misdemeanor.  Penalty. — 'When  any  school 
officer   is    suspended,    by    election    or    otherwise,    he    shall    im- 
mediately deliver  to  his   successor   in   office  all  books,   papers, 
and  moneys  pertaining  to  his  office ;  and  such  officer  who  shall 
refuse  to  d'o  so,  or  who  shall  wilfully  mutilate  or  destroy  any 
such  books  or  papers,  or  any  part  thereof,  or  who   shall   mis- 
apply any  moneys  intrusted  to  him  by  virtue  of  his  office,  shall 
be  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine, 
in    the    discretion    of    the    court,    not    exceeding    one    hundred 
dollars.     (Act    approved    March    u,    1895). 


STATE  OF  MONTANA.  Ill 

886.  (Sec.  1806.)     Repayment  of  Loans.  —  Whenever  hereto- 
fore money  has  been  loaned  or  advanced  to  the  board  of  school 
trustees  of  any  district,  for  the  erection  of  a  school  house  or 
school  houses  therein,  by  any  person  or  corporation,  in  reliance 
upon  the  proceeds  of  the  sales  of  bonds  for  the  repayment  of 
the   same,   the   issuance   of   which   bonds   have   been   voted   for 
by   a   majority   of   the   electors   of   such    district,   voting   at    an 
election  held  for  the  purpose  of  authorizing  the  issuance  of  the 
same  for  the  erection  of  a  school  house  or  school  houses,  which 
said  money  has  been  used  by  such  board  of  school  trustees  in 
the  erection  of  a  school  house  or  school  houses  in   suc'h   dis- 
trict, but  which  bonds   when  issued  have  been  adjudged   and 
held  to  be  void  or  invalid  by  the  supreme  court  of  the  state, 
the    money    so    loaned    or    advanced    may    be    repaid,    together 
with  the  interest  thereon  covering  the  period  for  which  interest- 
has  not  been  oaid,  at  the  rate  specified  in  said  bonds  so  held 
to  be  void  ;  said  payment  to  be  made  by  the  board  of  school 
trustees  to  the  person  or  corporation  who  or  which  had  loaned 
or  advanced  the  same,   from  the  proceeds  of  the   sale  of  any 
bonds    thereafter    issued    for    the    purpose    of   building    one    or 
more   school   houses   in   said   district,   or   for   any   other   school 
purpose.     (Act   approved    Feb.    18,    1895). 

887.  (Sec.  1807.)     Must  Procure  American  Flags.  —  That  the 
trustees  of  the  several  school  districts  of  the  State  of  Montana, 
shall   within   ninety   days   from   and   after   the   passage   of   this 
Act,  procure  by  purchase  or  donation,  an  American  flag  with 
accompanying   necessary    poles    and    ropes,    etc.,    for   each    and 
every    school    house    in    their    respective    districts.     Said    flags 
shall  be  of  dimensions  not  less  than  four  by  six  feet,  and  they 
shall  be  made  from  durable  material.     (Act  approved  Feb.  26, 


888.  (Sec.    1808.)     Flags  to  be  Displayed.—  It   shall   be   the 
duty  of  the  school  trustees  to  cause  said  flags  to  be  displayed 
over  such  school  houses  every  day  during  the  sessions  thereof, 
provided   the   weather  is   such   as   to   permit   the   display   with- 
out injury  to  the  flags.     (Act  approved  Feb.  26,  1895). 

889.  (Sec.   1809.)     Expenses  of  Flags.—  The  school  trustees 
are  hereby  authorized   and  empowered  to  use  such  portion  of 
the  school   funds   as   remain   in   their   hands   and  which   is   not 
otherwise   appropriated,   for   the   purchase   and   erection    of   the 
flags,    poles,    etc.     (Act    approved    Feb.    26,    1895). 


112  GENERAL   SCHOOL   LAW 

890.  Refunding  Bonds. — The  school  trustees  of  any  school 
district  of  the  State  of  Montana,  shall  have,  and  are  hereby 
given  in  addition  to  the  power  already  conferred  on  them, 
authority  to  issue  on  the  credit  of  their  respective  districts, 
coupon  bonds,  (and  sell  or  dispose  of  the  same)  for  the  pur- 
pose of  providing  the  necessary  funds  to  pay  maturing,  redeem- 
able, or  optional  bonds,  under  the  following  conditions,  to-wit: 

1.  When  there  is  not  sufficient  money  to  the  credit  of  the 
school   district  applicable   to  pay   any  of  said  bonds. 

2.  When  in  the  judgment  of  the  school  trustees  to  levy  and 
collect   a   special   tax   for   the   purpose   of   paying   any   of   said 
bonds,  would  be  a  hardship  and  a  burden  to  the  school   dis- 
trict. 

3.  All  bonds  issued  under  the  provisions  of  this  section    3t" 
this    Act    shall    bear    upon    their    face    the    words    "Refunding! 
School  Bonds"  and  shall  also  recite  in  the  body  of  the  bond 
that  "this  bond  is  issued   for  the  purpose  of  providing   funds 
to  pay   maturing   and   outstanding   bonds." 

4.  Said  bonds  shall  bear  interest  at  a  rate  not  to  exceed  six 
per    cent    per    annum    (and    interest    may    be    payable    semi- 
annually)    and    payable    and    redeemable    within    a    period    not 
exceeding    twenty    years    from    the    date    of    issue ;    provided 
said  bonds  shall  not  exceed   in  amount  the   face  value  of  the 
bonds    (and    any    accrued    interest    thereon),    which    they    are 
issued  to  replace. 

5.  The  trustees  shall  fix  the  denominations,  terms,  rate  and 
form    of    said    bonds    not    inconsistent    with    the    requirements 
hereinbefore  set  forth;  and  may  issue,  dispose  of  or  sell  such 
bond's    at    any    time    deemed    necessary    and    expedient    to    en- 
hance, preserve  and  maintain  the  credit  of  their  respective  dis- 
tricts. 

6.  Said    bonds,   when   offered    for   sale,   shall    be    advertised 
for   sale   in    not   less    than   one    newspaper   of   general    circula- 
tion,  published  in   the   State  of   Montana,   for   a   period   of  not 
less  than  four  weeks  preceding  the  date  fixed  for  sale  of  said 
bonds ;  said  advertisement  shall  briefly  describe  the  bonds,  stat- 
ing the   time   when,   and  the  place   where   said   sale   shall   take 
place;  Provided  that  said  bonds  shall  not  be  sold  at  less  than 
their  par  value,  and  the  trustees  are  authorized  to  reject  any 
bids   made,   and   sell   said   bonds   at   private    sale,   or   exchange 
the  same  for  outstanding  bonds,  if  they  deem  for  the  best  inter- 


STATE  OF  MONTANA.  113 

ests  of  the  district  so  to  do,  and  it  shall  not  be  necessary  to 
hold  any  election  or  submit  the  matter  of  the  issuance  of  the 
bonds  authorized  by  this  section  of  this  Act,  to  the  electors 
of  the  school  district. 

7.  Said  bonds  and  coupons  (attached)  shall  be  signed  by  the 
chairman  of  the  board  of  trustees  and  the  school  clerk  of  the 
district,  provided,  a  lithographic  or  engraved  facsimile  of  the 
signatures   of  the   chairman   and   clerk   may  be   affixed   to   the 
coupons,    only    when    so    recited    in    the    bonds,    and    the    cor- 
porate seal  of  the  school  district  shall  be  affixed  to  each  bond. 

8.  Each  bond  so  issued  shall  be  registered  by  the   county 
treasurer  of  the  county  wherein  such  school  district  is  located, 
in  a  book  provided  for  the  purpose,  which  shall  show  the  date, 
number,   term   and   amount   of   each   bond,   and   the   person   or 
persons   to   whom   the   bonds    are   issued    and    sold.     (Act   ap- 
proved  March  14th,    1901,   Sec.    i).     (7th   Sess.    124-5). 

891.  (Sec.     1811.)     Disposal    of    Proceeds    of    Bonds. — All 
moneys  arising  from  the  sale  of  said  bonds  shall  be  paid  forth- 
with into  the  treasury  of  the  county  in  which  said  school  dis- 
trict  is   located,   and   shall   be   immediately   available   to    apply 
for   the   purpose   authorized   and   no   other   purpose.     (Act   ap- 
proved March  2,   1895). 

892.  (Sec.     1812.)     District     Responsible     on     Bonds. — The 
faith  of  each  school   district  is  solemnly  pledged   for  the   pay- 
ment  of   the   interest   and   redemption   of   the   principal   of   the 
bonds    which    shall    be    issued    under    this    Act.     And    for    the 
purpose   of  enforcing   the   provisions   of   this   Act,   each   school 
district  shall  be  a  body  corporate,  which  may  sue  and  be  sued 
by,  or  in  the  name  of  the  board  of  school  trustees  of  such  dis- 
trict.    (Act  approved   March  2,    1895). 

893.  (Sec.   1813.)     Must  Levy  Tax  for  Interest,   Etc.— The 
school  trustees  of  each  district  shall  ascertain  the  amount  and 
levy   annually,   a   tax   necessary   to   pay   the    interest,    when    it 
becomes  due,  and  provide  a  sinking  fund  to  redeem  the  bonds 
at  their  maturity ;  and  said  tax  shall  become  a  lien  upon  the 
property  in  said  school  district  and  be  collected  in   the  same 
manner   as    other    taxes    for    school    purposes.     (Act    approved 
March  2,    1895). 

894.  (Sec.  1814.)     Redemption  of  Bonds. — When  the  sum  in 
said   sinking   fund    shall    equal    or   exceed   the    amount   of   any 
bond  then  due,  the  county  treasurer  shall  post  in  his  office  A 


114  GENERAL   SCHOOL   LAW 

notice  that  he  will,  within  thirty  days  from  the  date  of  such 
notice,  redeem  the  bonds  then  payable,  giving  the  number 
thereof,  and  the  bonds  bearing  the  lowest  number  shall  be 
redeemed  first  in  their  order;  and  provided,  that  such  redemp- 
tion shall  be  made  at  some  regular  interest  period  as  set  forth 
in  the  bond;  and  if  at  the  expiration  of  the  said  thirty  days  the 
holder  or  holders  of  said  bonds  shall  fail  or  neglect  to  present 
the  same  for  payment,  interest  thereon  shall  cease  but  the 
treasurer  shall  at  all  times  thereafter  be  ready  to  redeem  the 
same  on  presentation,  and  when  any  bond  or  bonds  shall  be 
so  purchased  or  redeemed,  the  county  treasurer  shall  cancel 
all  bonds  so  purchased  and  redeemed,  by  writing  or  stamping 
across  the  face  of  such  bond  or  bonds,  in  ink,  the  words,, 
"Redeemed  and  Cancelled,"  and  the  date  of  such  redemption. 
And  the  bonds  paid  shall  be  exhibited  to  the  board  of  county 
commissioners,  at  their  first  meeting  thereafter.  (Act  approved 
March  2,  1895). 

895.  (Sec.   1815.)     Payment  of  Interest. — The  county  treas- 
urer shall  pay  out  of  any  moneys  belonging  to  the  school  dis- 
trict, the  interest  upon  any  bonds  issued  by  authority  of  this 
Act,  by  such  district,  When  the  same  shall  become   due,  upo-i 
the   presentation    at    his    office,    of   the    proper    coupon,    which 
shall   show   the   amount   due,   and  the   number   of  the   bond   t.o 
which   it  belongs;  and  all  coupons  so   paid   shall   be   cancelled 
and  exhibited  to   the  board   of   county   commissioners   at   their 
first  meeting  thereafter.     (Act  approved  March  2,   1895). 

896.  (Sec.   1816.)     Preparation  of  Bonds. — The  school  trus- 
tees of  any  school  district  shall   cause  to  be  printed  or  litho- 
graphed, at  the  lowest  rate,  suitable  bonds,  with  the  coupons 
attached,    when    the    same    shall    become    necessary,    and    pay 
therefor  out  of  any  moneys  in  the  county  treasury  to  the  credit 
of  said  school  district.     (Act  approved  March  2,   1891). 

897.  (Sec.    1817).     Felony.     Penalty. — If  any   of   the   school 
trustees   of   any    district   shall   fail   or    refuse    to    pay    into   the 
proper  county  treasury  the  money  arising  from  the  sale  of  any 
bonds  provided  for  in  this  Act,  they  shall  be  deemed  guilty  of 
a   felony   and,   upon   conviction   thereof,   shall   be   punished   by 
imprisonment  in  the  'State  penitentiary  for  a  term  of  not  less 
than    one    year,    nor    more    than    ten    years.     (Act    approved 
March    2,    1891). 


STATE  OF  MONTANA.  115 


898.     (Sec.    1818.)     Surplus    Money    Used    for    Buildings.— 

County  school  moneys  may  be  used  by  the  county  superinten- 
dent and  trustees  for  the  various  purposes  as  authorized  and 
provided  in  this  article,  and  for  no  other  purpose,  except  that 
in  any  district,  any  surplus  in  the  general  'school  fund  to  the 
credit  of  said  district,  after  providing  for  the  expenses  of  not 
less  than  eight  months'  school  may  on  a  vote  of  the  qualified 
electors  of  said  district,  be  used  for  the  purpose  of  building  and 
improvement.  If  any  school  money  shall  be  paid  by  the 
authority  of  the  .board  of  trustees  for  any  purpose  not  auth- 
orized by  this  section,  the  trustees  consenting  to  such  payment 
shall  be  liable  to  the  district  for  the  repayment  of  such  sum 
and  a  suit  to  recover  the  same  may  be  brought  by  the  county 
attorney  or  if  he  shall  refuse  to  bring  the  same,  a  suit  may  be 
brought  by  any  tax  paying  elector  in  the  district.  (Act  ap- 
proved March  2,  1893). 

Section  899.  i. — Duties.  Compensation. — The  duties  of  the 
District  Clerk  shall  be  as  follows :  To  attend  all  meetings  of 
the  board  of  trustees;  but  if  he  shall  not  be  present,  the  board 
of  trustees  shall  select  one  of  their  number  as  clerk  who  shall 
certify  the  proceedings  of  the  meeting  to  the  clerk  of  the  dis- 
trict to  be  recorded  'by  him.  He  shall  keep  his  record  in  a 
book  to  be  furnished  by  the  board  of  trustees  and  he  shall 
preserve  a  copy  of  all  reports  made  to  the  County  Super- 
intendent and  safely  preserve  and  keep  all  books  and  docu- 
ments belonging  to  his  office,  and  shall  turn  the  same  over  to 
his  successors. 

.  2.  To  keep  accurate  and  detailed  accounts  of  all  receipts  and 
expenditures  of  school  moneys.  At  each  annual  school  meet- 
ing the  district  clerk  shall  present  his  record  book,  for  public 
inspection  and  shall  make  a  statement  of  the  financial  condi- 
tion of  the  district  and  of  the  action  of  the  trustees  and  such 
record  must  always  be  open  for  public  inspection. 

3.  To  make  annually  between  the  first  day  of  September 
and  the  fifteenth  day  of  October  of  each  year,  an  exact  census 
of  all  the  children  and  youth  between  the  ages  of  six  and 
twenty-one  years  residing  in  the  district ;  and  shall  specify 
the  sex,  age,  and  date  of  birth  of  such  children.  He  shall 
take  the  name  of  each  child,  the  same  to  be  spelled  out  in 
full;  the  Christian  and  surname  of  both  parents,  or  guardians, 
including  initials  of  all  middle  names,  together  with  the  place 


116  GENERAL    SCHOOL   LAW 

of  residence  of  said  parents  or  guardians,  specified  by  street 
and  number  if  living  in  city  or  town;  or,  if  living  in  any  other 
than  a  city  or  town,  the  post  office  address  of  said  parents 
or  guardians  must  be  given.  He  shall  take  specifically  and 
separately  a  census  of  all  children  under  the  age  of  six  years 
as  in  the  manner  aforesaid.  All  children  under  twenty-one 
years  of  age  who  may  be  absent  from  home  for  any  cause, 
shall  be  included  by  the  district  clerk  in  this  census  list  of  the 
city,  town,  or  district  in  which  their  parents  reside.  He  shall 
make  a  full  report  thereof  on  blanks  furnished  for  this  pur- 
pose, under  oath  to  the  County  Superintendent  within  sixty 
days  after  the  completion  of  the  census  and  deliver  a  copy 
to  the  school  trustees.  Failure  to  make  such  report  as  speci- 
fied shall  constitute  a  misdemeanor  and  shall  be  punished  by 
a  fine  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars. 
For  taking  the  census  the  District  Clerk  shall  be  paid  by  the 
board  of  trustees  from  the  county  school  money,  to  the  credit 
of  the  district  in  the  same  manner  as  other  contingent  ex- 
penses are  paid,  at  a  rate  not  exceeding  ten  cents  for  each 
child's  name  returned  by  him.  He  shall  receive  such  other 
compensation  for  other  services  as  may  be  allowed  by  the 
Board  of  Trustees.  In  case  any  District  clerk  shall  fail  to 
take  the  census  provided  in  this  act,  at  a  proper  time,  and 
if  through  such  neglect  the  district  fail  to  receive  its  appor- 
tionment of  school  moneys,  said  school  clerk  shall  be  indi- 
vidually liable  to  the  district  for  the  full  amount  so  lost,  and 
it  may  be  recovered  on  a  suit  brought  by  any  citizen  of  such 
district  in  the  name  and  for  the  benefit  of  the  district. 

4.  To  make  annually  between  the  first  and  twentieth  days 
of  August  of  each  year,  an  exact  detailed  and  itemized  state- 
ment of  all  moneys  expended  by  or  in  behalf  of  the  school  dis- 
trict, which  statement  shall  show  all  disbursements  made  on 
behalf  of  the  school  district  from  August  first  of  the  preceding 
year  to  August  first  of  the  current  year;  it  is  hereby  made 
the  duty  of  the  clerk  to  file  said  statement  on  or  before 
August  thirty-first  of  each  year,  with  the  chairman  of  the 
Board  of  Trustees  of  the  District  and  a  copy  thereof  with  the 
County  Treasurer  of  the  County  wherein  the  district  is  located, 
and  in  all  districts  disbursing  annually  amounts  exceeding 
$10,000.00,  and  less  than  $25,000.00  the  clerk  shall,  and  in  dis- 
tricts disbursing  less  than  $10,000.00,  annually,  may  cause  to 


STATE  OF  MONTANA.  117 

be  published  in  some  newspaper,  in  general  circulation  pub- 
lished in  the  same  county,  a  copy  of  said  statement,  for  two 
consecutive  issues,  such  publication  to  commence  not  later 
than  the  first  week  in  August.  It  is  hereby  made  the  duty 
of  the  Board  of  County  Commissioners  of  each  County  to 
designate  the  newspaper  in  which  such  publication  shall  be 
made.  (Approved  March  6,  1911). 


ARTICLE  VII. 
Teachers. 

Section  901.     Certificate  of  qualification. 

Section  902.    Teacher's  report. 

Section  903.     Duties. 

Section  904.     Construction    of    teacher's    contract. 

Section  905. .  Powers. 

Section  906.     Duties. 

Section  907.     Penalty. 

Section  908.     Qualification,  as  to  age. 

Section  909.     Dismissal.     Appeal. 

Section  910.     Suspension   of   teacher's   certificate. 

901.  Certificate   of    Qualification. — No    person    shall    be    ac- 
counted as  a  qualified  teacher,  within  the  meaning  of  the  school 
law,  who  has  not  first  appeared  before  the  county  superintend- 
ent of  the  county  in  which  he  proposes  to  teach  and  received 
a   certificate   setting  forth   his   qualifications ;   or   who   has   not 
received  a  temporary  certificate  from  the   county   superintend- 
ent; or  who  has  not  a  state  certificate  or  life  diploma  from  the 
state    board   of    education,    or    a    certificate    from    some    other 
county,  endorsed  by  the  county  superintendent;  or  a   diploma 
from  the  state  normal  college,  provided,  that  special  certificates 
may  be  granted   to   persons   employed   to   teach   either   music, 
elocution,   physical    culture,    drawing,    modern   languages,    pen- 
manship, or  in  the  first  primary  or  kindergarten   department ; 
and  provided,   further,   that  nothing  herein   contained   shall   be 
so    construed    as    to    invalidate    any    certificate    now    in    force. 
(Act  approved  March  5,   1903,   Sec.   i).     (8th   Sess.   Chap  79). 

902.  (Sec.     1841.)     Teacher's    Report. — Every    teacher    em- 
ployed in  any  public  school  shall  make  an  annual  report  to  the 
county  superintendent  on  or  before  the  tenth  day  of  September 
next  after  the  close  of  each  school  year,  in  the  form  and  man- 
ner and  on  blanks  prescribed  by  the  superintendent  of  public 


118  GENERAL   SCHOOL   LAW 

instruction.     A  copy  of  such  report  shall  be  furnished  to  the 
district  clerk. 

Any  teacher  who  shall  end  any  school  term  before  the  close 
of  the  school  year,  shall  make  report  to  the  county  superintend- 
end  immediately  after  the  close  of  such  term,  and  any  teacher 
who  may  be  teaching  any  school  at  the  close  of  the  school  year 
shall  in  his  or  her  annual  report,  include  all  statistics  from  the 
school  register  for  the  entire  school  year  notwithstanding  any 
previous  report  for  a  part  of  the  year.  Teachers  shall  make 
such  additional  reports  as  shall  be  required  in  pursuance  of  law 
by  the  superintendent  of  public  instruction.  No  board  of 
trustees  shall  draw  any  order  or  warrant  for  the  salary  of  any 
teacher,  for  the  last  month  of  his  or  her  service,  until  the 
reports  herein  required  shall  have  been  made  and  received ; 
Provided,  that  in  all  schools  acting  under  the  .direction  of  a 
city  superintendent,  teachers  shall  be  required  to  report  ro 
such  superintendent,  whose  report  shall  be  accepted  by  the 
county  superintendent,  and  the  trustees  in  lieu  of  the  teachers' 
reports;  and  that  when  there  is  no  city  superintendent,  the 
report  of  the  principal  shall  be  accepted  in  lieu  of  the  teachers' 
reports.  (Act  approved  March  u,  1895). 

Jay  v.  School  District,  24  Mont.  226;  61  Pac.  252.  Teachers 
must  make  these  annual  reports  and  are  required  to  report 
at  the  end  of  the  term  for  which  they  are  employed. 

903.  (Sec.  1842.)  Duties. — It  shall  be  the  duty  of  the 
teacher  of  every  public  school  in  this  state  to  keep,  in  a  neat 
and  business  like  manner,  a  daily  register  in  such  form  and 
upon  such  blanks  as  shall  be  prepared  by  the  superintendent 
of  public  instruction,  and  no  board  of  trustees  shall  draw- 
any  warrant  for  the  salary  of  any  teacher  for  the  last  month 
of  his  services  in  the  school  at  the  end  of  any  term  or  year, 
until  they  shall  have  received  a  certificate  from  the  district 
clerk  that  the  said  register  has  been  properly  kept,  the 
summaries  made  and  the  statistics  entered,  or  until,  by  per- 
sonal examination,  they  shall  have  satisfied  themselves  that 
it  has  been  done.  Teachers  shall  faithfully  enforce  in  school 
the  course  of  study  and  regulations  prescribed,  and  if  any 
teacher  shall  refuse  or  neglect  to  comply  with  such  regula- 
tions, then  the  board  of  trustees  shall  be  authorized  to  with- 
hold any  warrant  for  salaries  due,  until  such  teacher  shall 
comply  therewith.  No  teacher  shall  be  employed  except  by 


STATE  OF  MONTANA.  119 

written  order  of  a  majority  of  the  board  of  trustees,  at  a  reg- 
ular or  special  meeting  thereof,  nor  unless  the  holder  of  a 
legal  teacher's  certificate,  in  full  force  and  effect.  (Act  ap- 
proved March  n,  1895. 

904.  (Sec.  1843.)  School  Month.  Legal  Holidays. — In 
every  contract  between  any  teacher  and  board  of  trustees,  a 
school  month  shall  be  construed  as  twenty  school  days,  or 
four  weeks  of  five  days  each,  and  no  teacher  shall  be  required 
to  teach  school  on  Christmas  day,  the  first  day  of  January, 
the  fourth  clay  of  July,  the  twenty-second  day  of  February, 
the  thirtieth  day  of  May,  the  first  Monday  in  September,  the 
twelfth  day  of  February,  and  the  day  appointed  by  the  presi- 
dent of  the  United  States  or  the  governor  of  this  state  as  a 
day  of  Thanksgiving.  And  no  deduction  from  the  teacher's 
time  or  wages  shall  be  made  by  reason  of  the  fact  that .  a 
school  day  happens  to  be  one  of  the  days  referred  to  in  this 
section.  Any  contract  made  in  violation  of  this  section  shall 
have  no  force  or  effect  as  against  the  teacher.  (Act  approved 
Feb.  25,  1909). 

905.  (Sec.'  1844.)     Powers. — Every  teacher  shall  have  pow^r 
to  hold  every  pupil  to  a  strict  accountability  in  school,  for  any 
disorderly   conduct  on   the   way   to   school   or   during  intermis- 
sion   or    recess ;    to    suspend    from    school    any    pupil    for    good 
cause ;  Provided,  that  suspension  shall  be  reported  to  the  trus- 
tees as  soon  as  practicable  for  their  decision.     (Act  approved 
March    n,   1895). 

906.  (Sec.  1845.)  Duties. — It  shall  be  the  duty  of  all  teachers 
to  endeavor  to  impress  on  the  minds  of  their  pupils  the  prin- 
ciples of  morality,  truth,  justice  and  patriotism;  to  teach  them 
to  avoid  idleness,  profanity  and  falsehood,  and  to  instruct  them 
in  the  principles  of  free  government,  and  to  train  them  up  to  a 
true  comprehension  of  the  rights,  duties  and  dignity  of  Amer- 
ican  citizenship.     (Act  approved   March   u,   1895). 

907.  (Sec.    1846.)     Penalty. — Any    teacher    who-  shall    mal- 
treat or  abuse  any  pupil  by  administering  any  undue  or  severe 
punishment  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  before  any  court  of  competent  jurisdiction, 
shall  be  fined  in  any  sum  not  exceeding  one  hundred   dollars. 
(Act   approved    March    u,    1895). 

908.  (Sec.    1847.)     Qualification,   as   to   Age. — No   person   is 
eligible   to  teach  in   any  public  school   in  this   state,   or  to   re- 


120  GENERAL    SCHOOL   LAW 

ceive   a   certificate   to   teach,   who   has   not  attained   the   age   of 
eighteen   years.     (Act   approved   March    n,    1895). 

909.  (Sec.    1848.)     Dismissal.     Appeal. — In   the   case   of  the 
dismissal  of  any  teacher  before  the  expiration  of  any   written 
contract  entered  into  between  such  teacher  and  board  of  trus- 
tees for  alleged  unrkness  or  incompetence,  or  violation  of  rules, 
the  teacher  may   appeal   to   the   county  superintendent;   and   if 
the  superintendent  decides  that  the  removal  was  made  without 
good   cause,   the   teacher  so   removed   must   be   reinstated,   and 
shall  be  entitled  to  compensation  for  the  time  lost  during  the 
pending  of   the   appeal.     (Act   approved    March    n,    1895). 

910.  (Sec.     1849.)     Suspension    of    Teacher's     Certificate. — 
Should  any  teacher  'employed  by  the  board  of  school   trustees 
for  a  specified  time,  leave  the  school  before  the   expiration  of 
such  time,  without  the  consent  of  the  trustees  in  writing,  said 
teacher    shall    be    guilty    of    unprofessional    conduct,    and    the 
county  superintendent  is   authorized,  upon  receiving  notice  of 
such   fact,   to   suspend   the   certificate   of   such   teacher   for   the 
period  of  six  months.     Should  such  teacher  be  the  holder  of  a 
state  certificate  or  life  diploma  the  county  superintendent  shall 
report   the   delinquency   of   the   teacher   to   the    state   board    of 
education    who    are    thereupon    authorized    to     suspend     said 
diploma  for  the  period  of  one  year.     (Act  approved  March   II, 
1895). 


HOUSE   BILL  74. 
Lincoln's    Birthday    Legal    Holiday. 

"An  Act  to  declare  the  twelfth  day  of  February  in  each 
year  to  be  a  legal  holiday,  to  be  known  and  designated  as 
'Lincoln's  Birthday.'  " 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

That  the  twelfth  day  of  February  in  each  year  is  hereby  set 
apart  and  declared  to  be  a  legal  holiday,  to  be  known  and 
designated  as  Lincoln's  Birthday. 

Section  2.  This  Act  shall  be  in  full  force  and  effect  from  and 
after  its  passage  and  approval. 

Approved    February    ijth,    1909. 


STATE  OF  MONTANA.  121 

HOUSE  BELL  31. 
"Columbus  Day."     Twelfth  day  of  October  a  public  holiday. 

"An  Act  to  declare  and  make  the  I2th  day'  of  October  of 
each  and  every  year  a  public  holiday  to  be  known  as  'Columbus 
Day.'  " 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

Section  i.  The  I2th  day  of  October  of  each  and  every  year 
is  hereby  made  and  declared  a  public  holiday  to  be  known  as 
"Columbus  Day,"  and  shall  be  recognized,  classed  and  treated 
as  other  legal  holidays  under  the  laws  of  this  state. 

Section  2.  This  Act  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval. 

Approved  February  i/th,  1909. 

HOUSE   BILL  97. 
Fire   drills  in  schools. 
Fire  alarm. 

Installation  of  fire  gongs. 
Misdemeanor. 
Penalty. 
Failure  or  refusal  to  give  instructions  a  misdemeanor. 

"An  Act  to  provide  for  fire  drills  in  the  schools  of  the  state." 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

Section  i.  That  in  all  schools  of  the  state,  either  public  or 
private,  in  which  thirty  or  more  children  are  enrolled,  it  shall  be 
the  duty  of  the  teacher  or  teachers  therein  employed  to  instruct 
the  children  under  their  immediate  control  and  charge  once 
each  week  during  school  terms,  a  fire  drill,  as  hereinafter  pro- 
vided. 

Section  2.  A  fire  alarm  shall  be  given  by  striking  a  gong, 
and  immediately  upon  such  alarm,  the  children  shall  be  re- 
quired to  immediately  form  in  lines  and  leave  the  building  in  an 
orderly  manner,  through  the  exit  and  exits  that  will  most  ex- 
peditiously  clear  the  building.  There  shall  be  no  certain  day 
of  the  week  or  hour  of  the  day,  for  giving  such  alarm;  and 
they  shall  be  given  without  previous  warning  to  the  children. 

Section  3.  It  shall  be  the  duty  of  the  trustees  or  directors, 
or  other  persons  having  control  and  management  o*f  any  school 
building  of  the  class  mentioned  in  section  one  of  this  Act,  to 


122  GENERAL   SCHOOL   LAW 

provide  one  or  more  gongs  therefor,  to  be  placed  in  such  a 
manner  that  any  teacher  may  give  an  alarm  without  leaving 
the  room  or  that  such  alarm  could  be  given  from  the  base- 
ment. Each  member  of  any  board  of  trustees  or  directors,  or 
any  other  person,  whose  duty  it  is  to  install  said  gongs  as 
herein  provided,  w:ho  fails  or  refuses  so  to  do  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  fined  not  less 
than  five  nor  more  than  fifty  dollars. 

Section  4.  Any  teacher  who  fails  or  refuses  to  instruct  in 
said  fire  drill  in  the  manner  provided  for  in  this  Act,  after  the 
installation  of  gongs,  as  above  provided,  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall  upon  conviction,  be  fined  not  less 
than  five  nor  more  than  twenty-five  dollars. 

Section  5.  All  Acts  and  parts  of  Acts  in  conflict  herewith 
are  hereby  repealed. 

Section  6.  This  Act  shall  be  in  full  force  and  effect  from 
and  after  July  ist,  1909. 

Approved    February   25,    1909. 


ARTICLE  VIII. 

Schools. 

Section  911.     Common   school   denned. 
Section  912.     Course  of  study. 
Section  913.     School  day. 

Section  914.     Sectarian  publications  forbidden. 
Section  915.     School  year. 
Section  916.     Free  kindergartens. 
Section  917.     Pupils. 

91-1.  (Sec.  1860.)  Common  School  Defined. — A  common 
school  is  hereby  defined  to  be  one  that  is  maintained  at  the 
public  expense  in  each  school  district,  and  under  the  super- 
vision of  the  board  of  trustees.  Every  common  school  not 
otherwise  provided  for  by  law  shall  be  open  to  the  admission 
of  all  children  between  the  ages  of  six  and  twenty-one  years 
residing  in  the  school  district,  and  the  board  of  trustees  shall 
have  the  power  to  admit  children  not  residing  in  the  district 
as  hereinbefore  provided.  (Act  approved  March  n,  1895). 
Campana  v.  Calderhead,  17  Mont  551;  44  Pac.  84. 

912.  Course  of  Study. — All  common  schools  shall  be  taught 
in  the  English  language.  And  instructions  shall  be  given  iti 
the  following  branches,  viz:  Reading,  penmanship,  written 


STATE  OF  MONTANA.  123 

Arithmetic,  mental  arithmetic,  orthography,  geography,  English, 
grammar,  physiology  and  hygiene.  With  special  references  to 
the  effect  of  alcoholic  stimulants  and  narcotics  on  the  human 
system. 

History   of  the   United   States   and   of   Montana. 

Also  a  system  of  humane  treatment  of  animals  as  embodied 
in  the  laws  of  Montana. 

Such  instruction  to  consist  of,  at  least,  two  (2)  lessons  of 
not  less  than  ten  minutes  each  per  week. 

The  principal  or  teacher  in  every  school  shall  certify  in  each 
of  his  or  her  reports  that  such  instruction  has  been  given  in  the 
school  under  his  or  her  control. 

Attention  must  be  given  during  the  entire  school  course  to 
the  cultivation  of  manners.  To  the  laws  of  health.  Physical 
exercise.  Ventilation  and  temperature  of  the  school  room. 
(Act  approved  Feb.  24th,  1903).  (8th  Sess.  Chap.  23). 

913.  School    Day. — The    school    day    shall   be    six   hours    it* 
length,  exclusive  of  an  intermission  at  noon;  but  any  board  of 
trustees   in   any   district   having   a   population   of  five  hundred 
or  more  may  fix  as  the  school  day  a  less  number  of  hours  than 
six;  Provided,  that  it  be  not  less  than  four  hours,  except  in  the 
lowest    primary    grades    where    the    pupils    may    be    dismissed 
after  an  attendance  of  two  hours.     (Act  approved  March  8th, 
1897,   Sec.  7).     (5th   Sess.   Chap.    132). 

914.  (Sec.     1863.)     Sectarian    Publications    Forbidden. — No 
publication  of  a  sectarian,  partisian  or  denominational  character 
must  be  used  or  distributed  in  any  school  or  be  made  a  part 
of  any   school   library;   nor   must   any   sectarian   or   denomina- 
tional   doctrines    be    taught    therein.     Any    school    district,    the 
officers  of  which  knowingly  allow  any  school  to  be  taught  in 
violation  of  these  provisions,  forfeits  all  rights  to  any  state  or 
county  apportionment  of  school  moneys ;  and  upon  satisfactory 
evidence    of    such    violation,    the    superintendent    of    public    in- 
struction and  county  superintendent  must  withhold  both  state 
and  county  apportionments.     (Act  approved   March   n,   1895). 

915.  (Sec.     1764.)     School    Year. — The    school    year    shall 
begin   on   the  first  day   of   September,   and   end   on   the   thirty- 
first  day  of  August.     (Act  approved  March   n,   1895). 

Jay  v.  School  District,  24  Mont.  229;   61  Pac.  253. 

916.  Free    Kindergarten. — The   school   board   of   any    school 
district  in  the  state  shall  have  power  to  establish  and  maintain 


124  GENERAL    SCHOOL   LAW 

free  kindergartens  in  connection  with  the  public  schools  of 
said  district,  for  the  instruction  of  children  between  three  and 
six  years  of  age,  residing  in  said  district  and  shall  establish 
such  courses  of  training  study  and  discipline,  and  such  rules 
and  regulations  governing  such  preparatory  or  kindergarten 
schools  as  said  board  may  deem  best;  Provided,  that  nothing 
in  this  Act  shall  be  construed  to  change  the  law  relating  to 
the  taking  of  the  census  of  the  school  population  or  the  ap- 
portionment of  state  and  county  school  funds  among  the  sev- 
eral counties  and  districts  in  the  state;  Provided,  further,  that 
the  cost  of  establishing  and  maintaining  such  kindergartens 
shall  be  paid  from  the  school  funds  of  said  districts,  and  the 
said  kindergartens  shall  be  a  part  of  the  public  school  system 
and  governed  as  far  as  practicable  in  the  manner  and  by  the 
same  officers  as  is  now,  or  hereafter  may  be,  provided  by  law 
for  the  government  of  the  other  public  schools  of  the  state; 
Provided,  further  that  the  teachers  of  kindergarten  schools 
shall  pass  such  examination  on  kindergarten  work  as  the 
kindergarten  department  of  the  state  normal  school  may  direct, 
provided  that  a  certificate  from  a  kindergarten  teacher's  insti- 
tute of  recognized  standing  shall  be  recognized  by  the  state 
normal  school.  (Act  approved  February  ,i6th,  1899,  Sec.  i). 
(6th  Sess.  64-5). 

917.  (Sec.  1870). — All  pupils  who  may  be  attending  public 
schools  shall  comply  with  the  regulations  established  in  pur- 
suance of  law  for  government  of  such  schools ;  shall  pursue  the 
required  course  of  study,  and  shall  submit  to  the  authority  of 
the  teachers  of  such  schools.  Continued  and  wilful  disobed- 
ience and  open  defiance  of  the  authority  of  the  teacher  shall 
constitute  good  cause  for  expulsion  from  school.  Any  pupil 
who  shall  in  any  way,  cut,  deface  or  otherwise  injure  any 
school  house,  furniture,  fences  or  outbuilding  thereof,  or  any 
book  belonging  to  other  pupils,  or  any  book  belonging  to  the 
district  library,  shall  be  liable  to  suspension  and  punishment, 
and  the  parent  or  guardian  of  such  pupil  shall 
be  liable  for  damages,  on  complaint  of  the  teacher 
or  any  trustee  and  upon  proof  of  the  same.  (Act  approved 
March  n,  1895). 


STATE  OF  MONTANA.  125 

SENATE  BILL  87. 
Dangerous  'communicable   diseases. 
Mode  of  prevention  to  be  taught  in  public  schools. 
Duties  of  board  of  health  regarding. 
Duties  of  school  boards. 
Superintendent  and  iteachers. 
Dismissal  for  neglect  to  comply  with  Act. 

School  board  refusing  to  comply  with   act  guilty  of  misdemeanor. 
All  public  schools  included. 

An  Act  to  provide  for  teaching  in  the  public  schools  the 
modes  by  which  the  dangerous  communicable  diseases  are 
spread  and  the  methods  for  the  restriction  and  prevention  of 
such  diseases. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

Section  i.  That  there  shall  be  taught  in  every  year  in  every 
public  school  in  Montana  the  principal  modes  by  which  eacn 
of  the  dangerous  communicable  diseases  are  spread,  and  the 
method  for  the  restriction  and  prevention  of  each  such  disease 
as  small  pox,  diphtheria,  scarlet  fever,  measles,  tuberculosis, 
chicken  pox,  and  such  other  diseases  as  may  be  named,  and 
attention  called  to  same  by  the  board  of  health  of  this  state. 

Section  2.  That  said  board  shall  annually  send  to  the  public 
school  superintendents  and  teachers  throughout  the  state 
printed  data  and  statements  w.hich  will  enable  them  to  comply 
with  this  Act. 

Section  3.  That  school  boards  are  hereby  required  to  direct 
superintendents  and  teachers  to  give  oral  and  black  board  in- 
struction using  the  data  and  statements  supplied  by  the  state 
board  of  health. 

Section  4.  That  neglect  or  refusal  on  the  part  of  any  super- 
intendent or  teacher  to  comply  with  the  provisions  of  this  Act 
shall  be  considered  a  sufficient  cause  for  dismissal  from  the 
school  by  the  school  board. 

Section  5.  That  the  member  of  any  school  board  who  shall 
wilfully  neglect  or  refuse  to  comply  with  any  provisions  of  this- 
Act  shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  sub- 
ject to  punishment  by  fine  not  exceeding  one  hundred  dollars. 

Section  6.  That  this  Act  shall  apply  to  all  public  schools 
in  this  state  including  schools  in  cities  or  villages  whether 
incorporated  under  special  charter  or  under  the  general  law. 

Approved  February  25,  1909. 


126  GENERAL   SCHOOL   LAW 

ARTICLE   X. 
Free   County   High  Schools. 

Section  918.  Amy  county  may  establish  free  high  schools. 

Section  919.  Petition  for  establishment  and  location. 

Section  920.  Election,  voting. 

Section  921.  Canvass   of   returns. 

Section  922.  Special  meetings  for  county  commissioners. 

Section  923.  Trustee's  oath,  bond  and  term  of  office;   vacancies. 

Section  924.  Quorum.     Officers  of  board. 

Section  926.  Tax  levy.     Bonds  for  buildings. 

Section  926.  Submission  to  electors  of  question  of  bond  issue. 

Section  927.  Payment  of  bonds. 

Section  928.  Assessment   for   maintenance. 

Section  929.  Record  of   board.     Warrants. 

Section  930.  Sites.     Leasing  buildings. 

Section  931.  Employment  of  teachers. 

Section  932.  Principal   may  make   rules. 

Section  933.  Courses  of  Study. 

Section  934.  Admission    of    pupils. 

Section  935.  Pupils  from  adjoining  counties. 

Section  936.  Compensation  of  trustees. 

Section  937.  Diploma  to  admit  to  state  collegiate  institutions. 

Section  938.  Prior  Aots  validated. 

Section  939.  Same. 

Section  940.  Bonds   legalized. 

918.  Any   County   May   Establish   Free   High   School. — Any 

county  in  the  state  may  establish  a  county  free  high  school  on 
the  condition  and  in  the  manner  hereinafter  prescribed,  for  the 
purpose  of  affording  better  educational  facilities  for  pupils 
more  advanced  than  those  attending  district  schools.  (Act 
approved  February  25,  1907,  Sec.  i).  (loth  Sess.  Chap.  29). 

919.  Petition   for   Establishment   and    Location. — Whenever 
one  hundred  freeholders  in  any  county  shall  petition  the  board 
of    county    commissioners,    requesting    that    a    high    school    be 
established  in  their  county,  the  county  clerk  shall  give  twenty 
days  notice,  by  publication  in  the  official  paper  of  the  county, 
that  such  petition  has  been  filed,  and  that  any  village,  town  or 
city   may   become    a   candidate    for    the    location    of    said    high 
school  upon  petition  of  not  less  than  fifty  freeholders  of  said 
village,    town    or    city,    requesting    that    said   place    be    named: 
as  a  candidate  for  the  location  of  said  high  school.     All  nom- 
inations of  places  for  the  location  of  said  school  shall  be  filed 
with    the   board   of   county    commissioners    within    thirty    Jays 
from    the    date    of   the    first    publication   of    said    notice.     Any 


STATE  OF  MONTANA.  127 

number  of  places  may  be  candidates  for  the  location  of  said 
school  but  no  freeholder  shall  append  his  name  to  more  than 
one  petition.  (Act  approved  February  25,  1907,  Sec.  2).  (loth 
Sess.  Chap.  29). 

920.  Election.     Voting. — At    the    expiration    of    thirty    days 
from  the  date  of  the  first  publication  of  said  notice,  the  county 
commissioners    shall    call    an    election    and    appoint    precinct 
judges  and  clerks.     Said  election  shall  be  conducted  in  accord- 
ance with  the  general  election  laws  of  the  state.     The  county 
clerk  shall  give  twenty  days  notice  of  such  election,  by  publi- 
cation in  the  official  paper  of  the  county,  that  the  question  of 
establishing  a  county  free  high  school  in  said  county,  and  the 
location  thereof,  will  be  submitted  to  the  qualified  electors  of 
said  county  at  a  designated  time.     The  notice  shall  distinctly 
specify    the    places    which    are    candidates    in    the    forthcoming 
election.     The   qualified   electors   shall   vote,   by   ballot,    for   or 
against  the  establishment  of  a  county  free  high  school,  and  any 
elector  who  shall  vote  for  the  establishment  of  a  county  free 
high   school,   may  vote  for   not   more   than   one   of   the   places 
named  upon  said  ballot  as  a  candidate  for  the  location  of  said 
school. 

The  ballot  shall  be,  substantially  in  the  following  form: 
For  a  County  High  School  at 
Helena, 
Marysville, 

Against  a  County  High  School. 

An  elector  desiring  to  vote  for  the  establishment  of  a  high 
school,  shall  do  so  by  placing  an  X  before  the  name  of  the  town 
at  which  he  desires  the  high  school  to  be  located,  which  shall 
be  a  vote  in  favor  of  such  town.  An  elector  desiring  to  vote 
against  the  establishment  of  a  high  school  shall  do  so  by  plac- 
ing an  X  before  the  clause  "Against  a  County  High  School," 
and  shall  not  vote  for  any  town.  (Act  approved  February 
25,  1907,  Sec.  3).  (loth  Segs.  Chap.  29). 

921.  Canvass  of  Returns. — After  the  election,  the  ballots  on 
said  question  shall  be  canvassed  in  the   manner  provided  for 
general   county   elections,   and,   if  the   vote   in   favor  of   estab- 
lishing a   county  free  high   school   shall   be   a   majority   of   all 
votes   cast   upon   said   proposition,   the    board   of   county   com- 
missioners shall  proceed  to  canvass  the  vote   for  the   different 


128  GENERAL    SCHOOL 

candidates  for  the  location  of  said  school,  and  the  village,  town 
or  city  having  the  largest  number  of  votes  for  the  location 
of  said  school,  provided  said  number  of  votes  be  a  majority 
of  all  votes  cast  in  favor  of  the  measure,  shall  be  declared  to 
be  the  place  for  the  location  thereof.  If  the  election  results 
in  favor  of  establishing  such  high  school,  and  any  candidate 
for  its  location  has  a  majority,  the  board  of  county  commis- 
sioners, by  an  order  duly  entered  on  their  minutes,  shall  so 
declare  this  fact,  and  the  board  shall  immediately  thereafter 
appoint  six  persons,  residents  and  taxpayers  of  the  county, 
at  least  three  of  whom  shall  be  residents  of  the  village,  town 
or  city,  where  the  school  is  located,  who  shall,  with  the  county 
superintendent  of  schools,  constitute  a  board  of  trustees  for 
said  school. 

In  case  of  a  tie  vote  between  two  or  more  of  the  candidates 
having  the  highest  number  of  votes  for  the  location  of  said 
school  the  county  commissioners  shall  immediately  call  anothei 
election  in  the  manner  provided  by  law  for  general  county 
elections,  at  which  the  only  question  to  be  submitted  shall  be 
the  location  of  said  school,  and  only  the  names  of  those  candi- 
dates so  tied  shall  appear  upon  the  ballot.  (Act  February  25, 
1907,  Sec.  4).  (loth  Sess.  Chap.  29). 

922.  Special   Meetings   of   County    Commissioners. — If    such 
petition   is  filed  at  any  time   when   the  board  oi   county   com- 
missioners is  not  in  session,  the  county  clerk  shall  notify   the 
commissioners  thereof,  and  a  special  meeting  shall  be  held   to 
call  the  necessary  election  herein  provided  for.     (Act  February 
25,    1907,   Sec.   5).     (roth   Sess.    Chap.   29). 

923.  Trustees  Oath,  Bond  and  Term  of  Office;  Vacancies. — 
The   trustees   of   county   free   high   schools,   except   the   county 
superintendent   of  schools,   shall,   within   thirty   days   after   ap- 
pointment, qualify  by  taking  the  oath  of  office,  and  by  giving 
such  bond  as  may  be  required  by  the  board  of  county  commis- 
sioners  for   the   faithful   discharge   of   their   duties.     Said   trus- 
tees,   first    appointed,    except    the    county    superintendent    of 
schools,   shall   be   divided   into   two   classes   of  three   each ;   the 
term  of  office  of  each  class  to  be   one   and   two  years   respec- 
tively, the  respective  terms  to  be  decided  by  lot.     The  term  of 
office  of  those  in  the  first  class  shall  expire  one  year  from  the 
third   Saturday  in   April  following  their   appointment,   and   the 
term  of  those  in  the  second  class  shall  expire  two  years  from 


STATE  OF  MONTANA.  129 

the  third  Saturday  in  April  following  their  appointment. 

The  county  commissioners  shall  appoint  three  trustees  at 
their  regular  quarterly  meeting  in  March  of  each  year,  and 
shall  fill  all  vacancies  as  soon  as  practicable  after  the  same 
occur. 

The  term  of  office  oi  trustees,  other  than  the  county  super- 
intendent of  schools,  except  of  those  first  appointed,  as  herein- 
before provided  shall  be  for  two  years  and  until  their  succes- 
sors are  appointed  and  qualified.  Appointments  to  fill  vacan- 
cies shall  be  for  the  remainder  of  the  unexpired  term,  provided 
that,  in  all  appointments  of  trustees  under  this  Act,  there  shall 
be  at  least  three  trustees  who  are  residents  of  the  village,  towtt 
or  city  in  which  said  high  school  is  located.  Whenever  any 
vacancy  occurs  in  said  board  of  trustees,  from  any  cause,  the 
secretary  of  the  board  shall  immediately  certify  such  vacancy 
to  the  board  of  county  commissioners,  who  shall  fill  such 
vacancies  within  sixty  days  thereafter.  Said  board  of  high 
school  trustees  shall  be  governed,  as  to  the  time  and  place  of 
meeting,  as  far  as  practicable,  by  the  provisions  of  the  general 
school  law  of  the  state.  (Act  February  25,  1907,  Sec.  6). 
(loth  Sess.  Chap.  29). 

924.  Quorum.     Officers  of  Board. — A  majority  of  said  board 
shall  constitute  a  quorum  for  the  transaction  of  all  business. 
At  their  first  meeting  in  each  year   the  trustees   shall   choose, 
from  their  number,  a  president,  vice-president  and  a  secretary, 
who   shall   hold   office   for   one   year   or   until   their   successors 
have    been    appointed    and    qualified,    and    said    trustees    shall 
have  authority  to   make  all   necessary  rules   for  their  govern- 
ment,   not    inconsistent    with    the    law.     The    county    treasurer 
of  the  county  shall  be  the  treasurer  of  the  board  and  the  cus- 
todian of  all  funds  available  for  school  purposes  under  the  pro- 
visions  of  this  Act.     Payments   shall  be   made   by   said   treas- 
urer upon  warrants  drawn  against  said  funds  duly  signed  by 
the  president,  or  vice-president  and  secretary.     (Act  February 
25,  1907,  Sec.  7).     (loth  Sess.  Chap.  29). 

925.  Tax  Levy.     Bonds  for  Buildings. — At  said  first  meet- 
ing,  or  at   some   succeeding  meeting   called   for   such   purpose, 
said  trustees  shall   make   an  estimate  of  the   amount  of  funds 
needed  for  building  purposes,  for  payment  of  teachers'  wages 
and   for  payment  of  contingent  expenses   and   they   shall   pre- 
sent to  the  board  of  countv  commissioners  a  certified  estimate 


130  GENERAL    SCHOOL   LAW 

of  the  rate  of  tax  required  to  raise  the  amount  desired  for  sucii 
purposes,  and  the  board  of  county  commissioners  must  levy 
such  tax  as  other  county  taxes  are  levied.  But  in  no  case 
shall  the  tax  for  such  purpose  exceed  in  one  year  the  amount 
of  ten  mills  on  the  dollar  on  the  taxable  property  of  the  county, 
and  when  the  tax  is  levied  for  the  payment  of  teachers1  wages 
and  for  contingent  expenses  only,  it  shall  not  exceed  three 
mills  on  the  dollar.  Provided,  that  said  trustees  may,  if  in 
their  judgment  they  think  best,  bond  the  county  for  the  pur- 
pose of  raising  the  money  necessary  to  build  or  purchase  and 
equip  the  high  school  herein  provided  for,  and  to  purchase  a 
suitable  site  therefor.  But  no  bonds  shall  ever  be  issued  to 
pay  for  teachers'  wages,  or  for  the  general  expenses  in  main- 
taining said  school.  (Act  February  25,  1907,  Sec.  8).  (loth 
Sess.  Chap.  29). 

926.  Submission  to  Electors  of  Question  of  Bond  Issue. — 
The  Secretary  of  the  Board  of  County  Free  High  School  Trus- 
tees, whenever  a  majority  of  the  Board  shall  so  decide,  shall 
certify  to  the  Board  of  County  Commissioners  that  they  have 
decided  to  submit  to  the  electors  of  the  County,  the  question 
whether  County  Bonds  shall  issue  for  the  purpose  of  the  erec- 
tion or  purchase  of  a  building  for  high  school  purposes  and 
the  equipment  thereof,  and  for  a  suitable  site  therefor,  and 
shall  include  in  such  certificate  the  amount  of  such  bonds, 
which  amount  shall  not  exceed  the  sum  of  Two  Hundred  Fifty 
Thousand  ($250,000)  Dollars,  in  any  one  county  of  the  first 
and  second  class  and  in  all  other  counties  shall  not  exceed 
the  sum  of  One  Hundred  Thousand  ($100,000)  Dollars,  in 
any  one  county.  Such  bonds  may  run  for  a  term  of  twenty 
years,  or  less,  but  no  longer,  Provided,  that  any  such  issue 
of  bonds  shall  not  increase  the  indebtedness  of  any  county 
beyond  the  maximum  limit  fixed  by  the  State  Constitution. 

That  as  soon  as  practicable  after  receiving  such  certificate 
the  Board  of  County  Commissioners  shall  proceed  to  submit 
the  question  of  issuing  said  bonds  to  the  qualified  electors  cf 
the  County  in  the  manner  provided  by  law  for  the  issuance 
of  other  County  bonds. 

If  such  bonds  are  issued  by  the  County  Commissioners,  at 
the  time  of  making  the  levy  of  taxes  for  county  purposes  each 
year,  must  levy  a  tax  for  that  year  upon  the  taxable  property 
in  the  county  for  the  interest  and  redemption  of  said  bonds, 


STATE  OF  MONTANA.  131 

and  such  taxes  must  not  be  less  than  sufficient  to  pay  the 
interest  on  said  bonds  for  that  year  and  such  proportion  of 
the  principal  as  is  to  become  due  during  such  year,  and,  In 
any  event,  must  be  high  enough  to  raise  annually,  for  the  first 
half  of  the  term,  a  sufficient  sum  to  pay  the  interest  thereon, 
and  duririg  the  balance  of  the  term,  high  enough  to  pay  said 
annual  interest  and  to  pay  annually  a  portion  of  the  principal  of 
said  bond,  equal  to  the  sum  produced  by  taking  the  whole 
amount  of  said  bonds  out-standing  and  dividing  it  by  the  num- 
ber of  years  said  bonds  have  to  run,  and  all  money  so  levied, 
when  collected,  must  be  paid  into  the  County  Treasury  to  the 
credit  of  the  County  Free  High  School,  kept  in  a  separate  fund, 
and  to  be  used  for  the  payment  of  principal  and  interest  on. 
said  bonds,  and  for  no  other  purpose ;  Provided,  however,  that 
the  accumulated  money  may  be  invested  as  is  provided  for  the 
investment  of  money  collected  for  the  payment  of  school  dis- 
trict bonds. 

Said  tax  shall  be  levied  and  collected  in  the  same  manner 
as  other  county  taxes. 

Approved    March   2,    1911. 

927.  Payment   of   Bonds. — Said    bonds    shall   be    paid,    prin- 
cipal and  interest,  in  the  manner  provided  for  the  payment  of 
other  county  bonds..    (Act  February  25,   1907,  Sec.   10).     (iota 
Sess.    Chap.    29). 

928.  Assessment  of  Maintenance. — In  case  bonds  are  issued, 
the  trustees,  in  making  estimates   for   the   maintenance   oi  the 
high  school,  shall  not  include   estimates   for  building  or  other 
purposes    for    which    said    bonds    are    issued.     (Act    February 
25th,   1907,   Sec.   n).     (loth   Sess.   Chap.  29). 

929.  Record  of  Board;  Warrants. — The   said  board   of  high 
school  trustees  shall  keep  a  record  of  all  the  official  acts  done 
by   said   board,   and    shall   keep    a   full    record    of   all    warrants 
issued    against    moneys    belonging    to    said    county    free    high 
school.     Payments  of  money  can  only  be  made  upon  warrants 
drawn  against  said  funds,  belonging  to   said  high  school ;  and 
the  warrants  so  drawn  must  specify,  upon  their  face,  the  pur- 
pose  for   which   the   warrant   is    drawn.     (Act    February   25th, 
1907,  Sec.   12).     (loth  Sess.  Chap.  29). 

930.  Sites.     Leasing  Buildings. — The  said  board  of  trustees 
shall   proceed,   as   soon   as   practicable   after   their   appointment 
and  qualification,  to  select,  at  the  place  designated  as  the  loca- 


132  GENERAL   SCHOOL   LAW 

tion  for  the  county  free  high  school,  the  best  site  that  can  be 
obtained,  and  the  title  thereto,  upon  securing  said  site  by  pur- 
chase or  otherwise,  shall  vest  in  the  county;  the  trustees  shall 
then  proceed  to  make  purchase  of  material,  and  to  let  such 
contracts  for  necessary  school  buildings  as  they  may  deem 
proper.  They  shall  not,  however,  make  any  purchase,  or  enter 
into  any  contract,-  whereby  obligations  are  assumed  in  excess 
of.  the  amount  of  funds  on  hand  or  available  through  the  levy 
of  taxes  for  the  current  year,  or  the  issuance  of  bonds.  The 
trustees  may,  at  their  discretion,  lease  suitable  buildings  for  the 
use  of  the  high  school  while  new  buildings  are  in  process  of 
erection,  or  may  contract  with  the  trustees  of  the  local  school 
district,  or  any  other  parties,  for  the  use  of  suitable  buildings 
for  high  school  purposes  for  such  time  as  may  be  deemed  best 
for  the  interests  of  the  county.  (Act  Feb.  25th,  1907,  Sec.  13). 
(loth  Sess.  Chap.  29). 

931.  Employment  of  Teachers. — After  suitable  buildings  are 
secured,  as  herein  before  provided,  for  the  carrying  on  of  the 
county  free  high  school,  the  trustees  shall  employ  some  suitable 
person  to  take  charge  of  said  school,  who  shall  possess  such 
qualifications  as  are  now  required  to  be  possessed  by  a   city 
superintendent  of  schools,  except  that  said  principal  shall   not 
be   required    to   possess    more   than    three   years    experience    in 
teaching;  and   the  trustees   shall   furnish   such   assistant   teach- 
ers as  they  may  deem  necessary,  and  shall  designate  the  sal- 
aries which  shall  be  paid  to  said  principal  and  assistant  teach- 
ers.    (Act   February  25th,    1907,   Sec.    14).     (loth    Sess.    Chap. 
29). 

932.  Principal  May  Make  Rules. — The  principal  of  any  sucii 
high  school   with  the   approval  of  the  board  of  trustees   shall 
make  such  rules  and  regulations  as  he  may  deem  proper  in  re- 
gard   to    the    studies,    conduct    and    government    of    the    pupils 
under  his  charge;  and  if  any  such  pupils  will  not  conform  to, 
nor  obey,  the  rules  of  the  school,  they  may  be  suspended  or 
expelled   therefrom  by   the  board  of  trustees.     (Act   February 
25th,   1907,  Sec.   15).     (loth  Sess.   Chap.   29). 

933.  Courses    of    Study. — There     shall     be     provided     such 
courses  of  study  as  will  properly  fit  the  student  attending  said 

.high  school  for  admission  to  the  collegiate  class  of  any  of  the 
state  educational  institutions,  and  such  courses  oi  study  shall 
contain  the  work  now  provided  for  accredited  high  schools  by 


STATE  OF  MONTANA.  133 

the  state  board  of  education.     (Act  February  25th,   1907,  Sec. 
16).     (loth  Sess.  Chap.  29). 

934.  Admission  of  Pupils. — Tuition  shall  be  free  to  all  pup- 
ils residing  in   the   county  where  the   school   is   located.     The 
board  of  trustees  shall  make  such  rules  and  regulations  as  they 
deem  proper  in  regard  to  age  and  grade  of  attainments  essen- 
tial to  entitle  pupils  to  admission  to  such  school ;  provided,  that 
no  person  shall  be  admitted  to  such  high  school  who  shall  not 
have  passed  a  satisfactory  examination  or  who  does  not  hold 
an   eighth   grade    common    school    certificate.     If    there    should 
be    more    applicants    than    can    be    accommodated    at    any    one 
time,  each  district  shall  be  entitled  to  send  its  gqual  number  of 
pupils,  according  to  the  number  of  pupils  it  may  have  as  shown 
by  the  last  report  to  the  county  superintendent  of  schools ;  and 
the   boards   of   the    respective    school    districts    shall    designave 
such  pupils  as  may  attend,  subject  to  the  proviso  above.     (Act 
February  25,   1907,  Sec.   17).     (loth  Sess.  Chap.  29). 

935.  Pupils  From  Adjoining  Counties. — If,  at  any  time,  the 
school   can  accomodate   more   pupils  than   apply  for   admission 
from  the  county  in  which  the  school  is  situated,  the  vacancies 
may   be   filled   by   applications   from   other   counties,   upon    the 
payment    of   such    tuition   as    the   board   of   trustees    may    pre- 
scribe; but  at  no  time  shall  such  pupils  continue  in  such  school 
to  the  exclusion  of  pupils  residing  in  the  county  in  which  such 
school    is   located.     (Act    February    25,    1907,    Sec.    18).     (loth 
Sess.    Chap.   29). 

936.  Compensation  of  Trustees. — The   trustees   who   do   not 
reside  at  the  place  where  said  high  school  is  established  are  en- 
titled to  mileage  in  attending  the  meetings  of  the  board.     The 
trustees  of  said  high  school  shall  serve  without  compensation, 
but  may  pay  their  secretary  such  reasonable  compensation  as 
may   be   determined,   and   the   board   shall   make    such   reports, 
from  time  to  time,  as  the  county  superintendent  of  schools,  or 
the    state    superintendent    of    public    instruction,    may    require. 
(Act  approved  February  25,  1907,  Sec.  19).     (loth  Sess.  Chap. 
29). 

937.  Diploma   to   Admit   to   State    Collegiate   Institutions. — 
Upon  the  presentation  of  a  certificate  of  graduation  from  any 
such  county  high  school,  within  eighteen  months  from  the  date 
of  the   same,   to   any  state   institution   of   learning,  the   person, 
presenting  the  same,  may  be  admitted  without  further   exam- 


134  GENERAL   SCK[OOL   LAW 

ination    to    said    institution    oi    learning.     (Act    February    25, 
1907,  Sec.  20).     (loth  Sess.  Chap.  29). 

938.  Prior  Acts  Validated. — All  acts  and  things  of  any  kind 
whatsoever,    done    by    any   board    of    county    free    high    school 
trustees,    or    by   any   board    of    Bounty    commissioners,    of    this 
state   prior   to   the   passage   of   this   Act,   under   the   provisions 
of  the  Act  of  March  3,   1899,  for  the  establishment  of   county 
free  high  schools,  or  under  the  Act  of  March   14,   1901,  or  the 
Act  of  March  5,  1903,  amending  certain  sections  of  the  Act  of 
March  3,  1899,  shall  be  and  are  hereby  ratified  and  declared  to 
be  valid,  and  of  'full  force  and  effect.     (Act  February  25,  1907, 
Sec.  21).     (loth  Sess.   Chap.   29). 

939.  Same. — That  all  Acts  heretofore  done  by  any  board  of 
county  commissioners  in  this  state  in  connection  with  the  sub- 
mission  to  the  electors  of  their  count)-  of  the   question   of   es- 
tablishing  and   locating   a    county   free    high    school,    and    upon 
which  acts  such  question  was  in  fact  submitted  to  the  electors 
of  such  county,  and  a  majority  of  all  votes  cast  at  such  elec- 
tion were  in   favor  of  the   establishment  and   location   of   such 
high  school  and  so  found  and  declared  by  the  board  of  county 
commissioners  shall  be,  and  are  hereby  ratified  and  declared  1.0 
be   valid   and   of  full   force   and   effect.     (Act   approved   March 
T,    1907,    Sec.    i).     (loth    Sess.    Chap.    61). 

040.  Bonds  Legalized. — That  all  'bonds  issued  or  authorized 
to  be  issued,  at  any  time  prior  to  the  passage  of  this  Act,  by 
the  board  of  trustees  of  any  county  free  high  school  in  this 
state,  where  the  question  O'f  the  issuance  of  the  same  was 
first  submitted  by  said  trustees  to  the  electors  of  the  county 
and  a  majority  of  all  votes  cast  at  such  election  were  in 
favor  of  said  bond  issue,  and  so  found  and  declared  by  said 
board  of  trustees,  are  hereby  ratified  and  declared  to  be  valid 
and  legal  obligations  and  of  full  force  and  effect.  (Act  ap- 
proved March  i,  1907,  Sec.  2).  (loth  Sess.  Chap.  61). 


ARTICLE  XI. 
Duties  of  County  Treasurer. 

941.  (Sec.  1880.)  It  shall  be  the  duty  of  the  county  treas- 
urer of  each  county. 

i.  To  receive  and  hold  all  school  moneys  as  special  deposit, 
and  to  keep  a  separate  account  of  their  disbursments  to  the 


STATE  OF  MONTANA.  135 

several  school  districts  which  shall  be  entitled  to  receive  them 
according  to  the  apportionment  of  the  county  superintendent 
of  common  schools. 

2.  To  notify  the  county  superintendent  of  common  schools 
of  the   amount  of   county   school  fund   in   the   county   treasury 
subject    to    apportionment    whenever    required,    and    to    inform 
said   county   superintendent   of   the   amount  of   school    moneys 
belonging   to   any   other   fund  subject   to    apportionment. 

3.  To  pay  all  warrants  drawn  on  county  or  districts  school 
moneys  in  accordance  with  the  provisions  of  this  title,  when- 
ever   such    warrants    are    countersigned    by    the    district    clerk 
and    properly    endorsed    by   the    holders. 

4.  To  make  annually,  during  the  month  of  October,  in  each 
year,  a  financial  report  for  the  last  school  year  and  fiscal  year 
ending   with    June   thirtieth,    to    the    county   superintendent    of 
common   schools,    in    such   form    as   may   be   required   by   him. 
(Act   approved   March    n,    1895). 


ARTICLE  XII. 

Duties  of  County  Clerk,   Clerk  of  District  Court,  and  the 
Justices    of   the    Peace. 

Section  942.     Duty  of  county  clerk. 
Section  943.     Duty  of  clerk  of  district  court. 
Section  944.     Duty  of  justice  of  the  peace. 
Section  945.     Penalty. 

942.  (Sec.    1890.)     Duty  of  County   Clerk.— It   shall  be   the 
duty  of  the  county  clerks  of  the  several   counties  of  the  state 
to    make    a    report    to    the    county    superintendent    of    common 
schools  within  their  counties,  durng  the   month   of   September 
in  each  year,  of  the  school  tax  levied  and  the  assessed  valuation 
of  the   proper   counties   for   that   year.     (Act   approved    March 
n,   1895). 

943.  (Sec.  1891.)     Duty  of  Clerk  of  District  Court. — It  shall 
be  the  duty  of  the  clerk  of  the   district  court,  at  the  close  of 
every  term  thereof,  to  report  to  the  county  superintendent  of 
the  county  in  which  said  term  shall  have  been  held,  whether 
or  not  any  fines,  and  if  any,  what  ones,  were  imposed  by  said 
court  during  the  said  term.     (Act  approved  March  u,  1895). 

Jay  v.  School  District,  24  Mont.  228;   61  Pac.  253. 

944.  (Sec.  1892.)     Duty  of  Justice  of  the  Peace. — It  shall  be 


136  GENERAL   SCHOOL   LAW 

the  duty  of  each  justice  of  the  peace  of  each  county  to  report 
to  the  county  superintendent  during  the  month  of  September 
in  each  year,  whether  or  not  they  have  imposed  and  collected 
any  fines  during  the  preceding  year,  and  if  any,  what  ones, 
with  the  date  at  which  the  same  were  paid  to  the  county 
treasurer.  (Act  approved  March  n,  1895). 

Jay  V.  School  District,  24  Mont.  228;   61  Pac.  253. 

945.  (Sec.    1893.)     Penalty. — All   officers   mentioned   in   Sec. 
942  (1890),  943   (1891),  and  944  (1892),  of  this  title  who  shall 
fail  or  neglect  to  perform   any  of  the  duties   required  by  this 
title  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction before  any  court  having  competent  jurisdiction  thereof, 
shall  be  fined  in  any  sum  not  less  than  twenty  dollars  and  not 
more  than  one  hundred  dollars  for  each  neglect;  and  such  fine 
shall  be   paid   into  the   county   treasury  for   the  benefit   of  the 
common    schools    in    said    county.     (Act    approved    March    n, 
1895).  

ARTICLE    XIII. 
Teachers'  Institutes. 

Section  946.     Teachers'  institutes  to  be  held  yearly. 
Section  947.     Same. 
Section  948.     Length  of  session. 
Section  949.     Teachers  must  attend. 
Section  950.     High   school   teachers   exempt. 
Section  951.     "Institute  fund." 
Section  952.     Expenses  of  institutes. 

946.  Teachers'   Institutes   to   be    Held   Yearly. — The   county 
superintendent  in  every  county  in  which  there  are  five  or  more 
school  districts  must  hold  one  teachers'  institute  in  each  year, 
and  every  teacher  employed  in  a  public  school  in  the   county 
must   attend   the  institute   and   participate   in    its    proceedings ; 
provided,   that  whenever  the  state   superintendent  and   two   or 
more  county  superintendents  deem  it  advisable,  a  joint  institute 
consisting   of   the   teachers   of   two   or   more   counties,   may   be 
held  at  any  convenient  place  within  such  counties  to  be  selected 
and    agreed    upon    by    their    superintendents.     (Act    approved 
March  7,  1907,  Sec.   i).     (loth  Sess.  Chap.   148). 

947.  (S€c.    1901.)     Same. — In    any   county   where   there    are 
less  than  five   school   districts   the   county   superintendent   may 
after  conference  with  the  superintendent  of  public  instruction, 


STATE  OF  MONTANA.  137 

nold  an   institute.     (Act  approved   March    n,    1895). 

948.  Length  of  Session. — Each  session  of  the  institute  must 
continue   not  less  than  three   nor  more   than   ten   days.     (Act 
approved  March  8th,   1897,  Sec.  8).     (5th  Sess.   132-3). 

949.  Teachers  Must  Attend. — When  the  county  superintend- 
ent,   after    conference    with    the    state    superintendent,    has    ap- 
pointed a  time  for  holding  the  teachers'  institute  in  his  county, 
it  shall  be  his  duty  to  give  written  notice  of  the  time  and  place 
of  holding  such  institute  to  every  board  of  school  trustees  with- 
in his  county,  and  to  all  the  teachers  of  the  county,  at  least 
thirty  days  before  the  opening  of  such   institute.     It   shall   be 
the  duty  of  all  boards  of  school  trustees  through  their  clerks,  to 
notify  each  and  all  of  the  teachers  within  their  districts  of  the 
time  and  place  of  holding  the  institute  and  to  direct  each  and 
all  of  their  teachers  to  close  their  several  schools  for  the  pur- 
pose  of  attending  the   institute.     Each   and   every   teacher   en- 
gaged in  teaching  a  term  of  school  in  any  district  during  the 
time  of  the  institute  shall  close  his  or  her  school  during  such 
time  and  shall  attend  the  institute  and  take  active  part  in  the 
same  without  loss  of  salary  for  the  actual  time  spent  in  attend- 
ing the  institute  and  for  the  actual  time  spent  in  going  to  and 
returning  from  the  same.     The  county  superintendent  shall  in 
all  cases  keep  and  preserve  a  record  of  the  actual  time  spent 
by  each  teacher  of  his  or  her  county  at  the  institute  and  shall 
furnish  both  to  each  teacher  and  to  his  board  of  school  trustees 
a  certificate  of  the  time  spent  by  said  teachers  at  the  institute. 
Wilful  failure  on  the  part  of  any  teacher  to  attend  the  insti- 
tute shall  be  considered  sufficient  cause  for  the  revocation  of 
such   teacher's   certificate   by   the   county   superintendent;    Pro- 
vided,  however,   that   the    county   superintendent    may,'  in    his 
discretion,  excuse  any  teacher  from  attending  the  institute  who 
could    not    attend    same    without    great    and    excessive    incon- 
venience, cost,  expense,  and  loss. of  time.     Wilful  failure  on  the 
part  of  the  board  of  school  trustees  of  any  school  district  to 
close  their  schools,  during  the  time  of  the  holding  of  the  insti- 
tute   as   herein    required,    shall    be    considered    sufficient    cause 
for    withholding    the    public    moneys    to    which    such    district 
would   otherwise   be   entitled;   provided,   however,   that,   in   the 
case  of  boards   of  school   trustees   as   in   the   case   of   teachers 
the  great  distance  of  any  school  district  from  the  place  of  hold- 
ing the  institute,  excessive  loss  of  time,  inconvenience,  and  cost 


138  GENERAL    SCHOOL   LAW 

shall  be  considered  good  grounds  on  which  the  county  superin- 
tendent, under  authority  and  direction  from  the  state  superin- 
tendent, may  excuse  any  board  of  school  trustees  from  closing 
their  school  at  such  times  and  from  observing  the  above  re- 
quirements. (Act  approved  March  2,  1905).  (9th  Sess.  Chap. 
60). 

950.  High  School  Teachers  Exempt. — All  high  school  teach- 
ers   are    hereby    exempt    from    the    requirements    of    this    Act. 
(Act  approved  March  2,   1905,  Sec.  2).     (9th  Sess.   Chap.  60). 

951.  "Institute    Fund." — For   the    purpose    of    defraying   the 
expenses  of  the  institute  mentioned  in  said  Section  949   (1904), 
there  shall   be   an   institute   fund   created   as   follows : 

First:  All  moneys  received  from  the  issuance  of  teachers' 
certificates  by  the  county  superintendent. 

Second :  Moneys  received  from  appropriations  by  boards  of 
county  commissioners ;  and  every  board  of  county  commis- 
sioners in  each  county  in  w'hich  a  teachers'  institute  may  be 
held  is  hereby  authorized  and  directed  to  appropriate  for  said 
"institute  fund"  as  follows: 

•  Counties  of  the  first  class  not  less  than  $250  nor  more  than 
$350.  Counties  of  the  second  'class  not  less  than  $250  nor 
more  than  $300.  Counties  of  the  third,  fourth,  fifth  and  sixth 
classes  not  less  than  $200  nor  more  than  $250.  Counties  of 
the  seventh  and  eighth  classes,  not  less  than  $100  nor  more 
than  $200.  (Act  approved  March  7,  1907,  Sec.  2).  (loth 
Sess.  Chap.  148). 

952.  (Sec.     1905.)     Expenses     of     Institutes. — The     county 
superintendent   must   keep   an   accurate   account   of   the   actual 
expenses    of    the    institute,    with    vouchers    for    the    same,    and 
present  the  bill  to  the  county  commissioners,  who  shall  allow 
the   same ;   Provided,   that   such   amount   shall   not   exceed   that 
specified  in  the  last  preceding  section  of  this  title.     (Act   ap- 
proved March   n,   1895). 


STATE  OF  MONTANA.  139 

ARTICLE    XIV. 
Examinations  and  Certificates. 

Section  953.  Examination  of  teachers. 

Section  954.  County  board  of  educational  examiners. 

Section  955.  Compensation   of  board  of  examiners. 

Section  956.  Qualifications  of  examiners. 

Section  957.  Dirties   of  examiners. 

Section  958.  Grades  of  certificates,  temporary  certificates. 

Section  959.  Qualification©   of   teachers. 

Section  960.  Charges  for   certificates. 

Section  961.  Revocation  of  certificates. 

Seotion  962.  Custody  of   examination   papers. 

Section  963.  Status  of  three  year  graduate  of  state  normal  school. 

Section  %4.  Status   of  four  year  graduate  of  state  normal   school. 

953.  Examination  of  Teachers. — The  county   superintendent 
shall   hold   public   examinations    of    all    persons,    over    eighteen 
years  of  age,  offering  themselves  as  candidates  for  teachers  of 
common    schools,    at    the    county    seat,    on    the    last    Friday    in 
Fe'bruary,  April,  August  and  November  of  each  year,  and  when 
necessary,  such  examinations  may  be  continued  on  the  follow- 
ing day,  at  which  time  he  shall  examine  them  by  series  of  writ- 
ten or  printed  questions,  according  to  the  rules  prescribed  b^ 
the    superintendent    of    public    instruction.     If    the    percentage 
of  correct   answers   required  by   the   rules,   and  other   evidence 
disclosed  by  the  examination,  including  particularly  the  super- 
intendent's knowledge  and  information  of  the   candidates   suc- 
cessful experience,  the  applicant  is  found  to  be  a  person  of  good 
moral  character,  to  possess  a  knowledge  and  understanding,  to- 
gether  with   aptness   to   teach   and   govern   which   shall   enable 
such  applicant  to  teach  in  the  common  schools  of  the  state  the 
various    branches    required'  'by '  law,    said    superintendent    shall 
grant    to    such    applicant    a    certificate    of    qualification.     (Act 
approved   March    i^th,    1901,   Sec.   6).     (7th   Sess.    123-4).     . 

954.  County  Board  of  Educational  Examiners. — That  in  each 
county  there  shall  be  a  board  of  county  examiners  composed  of 
the   county   superintendent   of   schools   who   shall    be    ex-officio 
chairman  of  the  board,  and  two   competent  persons  to  be  ap- 
pointed 'by  the  board  of  county  commissioners,  who  at  the  time 
of  their  appointment  shall  be  residents  of  the  county  and  shall 
have  been  actively  engaged  in  teaching  for  -a  period  of  at  least 
eighteen  months.     Two  members  of  this  board  shall  constitute 
a   quorum   for  the   transaction   of  business.     Those   first   to   be 


140  GENERAL    SCHOOL   LAW 

appointed  shall  serve  for  one  and  two  years  respectively  from 
the  first  day  of  April,  1907,  and  until  their  successors  are  duly 
appointed  and  qualified.  If  vacancies  occur  in  these  positions 
during  the  terms  for  which  their  incumbents  were  appointed, 
their  successors  snail  be  appointed  to  serve  during  their  unex- 
pired  terms  only.  Upon  the  expiration  of  the  regular  terms  of 
either  of  these  examiners  his  successor  shall  be  appointed  to 
serve  for  two  years.  (Act  approved  February  27,  1907,  Sec. 
i).  (loth  Sess.  Ghap.  47). 

955-  Compensation  of  Board  of  Examiners. — The  compensa- 
tion of  these  examiners  s'hall  be  their  actual  traveling  expenses 
from  their  residences  to  and  from  the  county  seat  or  other 
point  in  the  county  where  the  examinations  are  held,  and  such 
further  compensation  per  diem  as  the  board  of  county  com- 
missioners may  deem  just  and  sufficient  for  their  services,  bas- 
ing such  compensation  upon  the  actual  quantity  of  work  per- 
formed by  them  and  the  actual  time  required  to  perform  if. 
(Act  approved  Fe'b.  27,  1907,  Sec.  2).  (loth  Sess.  Chap.  47). 

956.  Qualifications   of    Examiners. — Such    examiners    at    the 
time  of  their  appointment  must  be  holders  of  Montana  profes- 
sional county  certificates,  or  state  certificates,  or  life  diplomas, 
or  diplomas  from  the  state  university,  state  normal  college,    )r 
state   college   of   agriculture   and   mechanic   arts   or   holders   of 
diplomas    as    graduates    from    some    reputable    university,    col- 
lege,  or   normal   school   other   than   those   of   Montana.     These 
examiners   shall   qualify   for   their   positions   in   the   same   form 
and  manner  required  for  the  qualification  of  all  county  super- 
intendents.    (Act  approved  February  27,   1907,  Sec.  3).     (lotli 
Sess.   Chap.  47). 

957.  Duties  of  Examiners. — The  duties  of  these  two  exam- 
iners shall  be  to  act  jointly  and  equally  with  the  county  super- 
intendent   in    the    matter    of    conducting    the    examination    uf 
teachers  and  in  the  marking  and  grading  of  papers  submitted 
by  them  as  the  results  of  the  examination.     This  board  of  ex- 
aminers   shall   also    conduct   all    eighth   grade    examinations    in 
their  respective  counties  when  requested  to  do  so  by  the  state 
board  of  education  to  conform  with  their  rules  and  regulations, 
and  it  shall  be  empowered  to  grant  eighth  grade  diplomas  or 
common  school  certificates  to  all  examinees  successfully  pass- 
ing such  examination.     (Act  approved  February  27,   1907,  Sec. 
4).     (loth    Sess.    Chap.   47). 


STATE  OF  MONTANA.  141 

958.       Grades     of      Certificates.     Temporary      Certificates. — 

County  certificates  shall  be  of  four  grades.  The  professional 
grade  for  a  term  of  not  less  than  four  years,  and  the  first 
grade  certificate  for  a  term  of  not  less  than  three  years,  and 
the  professional  and  first  grade  certificates  shall  be  good  and 
valid  for  as  long  as  the  holder  thereof  continues  teaching  and 
gives  the  county  superintendent  satisfactory  evidence  of  pro- 
gress and  efficiency,  the  second  grade  certificate  shall  be  valid 
for  a  term  of  two  years,  and  the  third  grade  certificate  shall 
be  valid  for'. a  term  of  one  year  according  to  the  ratio  of  cor- 
rect answers  of  the  applicant  and  other  evidences  of  qualifi- 
cation appearing  from  the  examination.  No  certificate  shall 
be  granted  unless  the  applicant  shall  be  found  proficient  in  and 
qualified  to  teach  the  following-  branches  of  a  common  English 
education;  penmanship,  orthography,  reading,  writing,  arith- 
metic, mental  arithmetic,  geography,  English  grammar,  physi- 
ology and  hygiene,  U.  S.  History,  and  theory  and  practice  of 
teaching.  In  addition  to  the  above,  applicants  for  a  second 
grade  certificate  shall  pass  a  satisfactory  examination  in  civics 
of  the  United  States  and  Montana,  and  physical  geography ; 
applicants  for  a  first  grade  certificate  shall  pass  an  examination 
in  civics  of  the  United  States  and  Montana,  physical  geography, 
American  literature  and  elementary  alge'bra;  applicants  for  a 
professional  grade  certificate  shall  pass  an  examination  in 
civics  of  the  United  States  and  Montana,  physical  geography, 
American  literature,  elementary  algebra,  physics  and  plane 
geometry.  No  person  shall  be  employed  as  teacher  in  high 
school  or  as  the  principal  teacher  of  a  school  of  more  than  two 
departments,  who  is  not.  the  holder  of  a  professional  county 
certificate  or  the  holder  of  a  life  or  state  diploma,  issued  by 
the  state  board  of  education  of  the  state  of  Montana,  or  who 
is  not  a  graduate  of  some  reputable  university,  college  or  nor- 
mal school.  The  percentages  required  to  pass  any  branch 
shall,  by  standing  rule,  be  prescribed  by  the  superintendent 
of  public  instruction.  In  addition  to  these  regular  grades  of 
certificates,  the  county  superintendent  may  grant  a  temporary 
certificate  to  teach  until  the  next  regular  examination,  to  any 
person  applying  at  any  other  time  than  at  a  regular  exam- 
ination, who  can  show  satisfactory  reasons  for  failing  to  attend 
such  examination,  subject  to  rules  and  regulations  to  be  pre- 
scribed by  the  superintendent  of  public  instruction.  Such 


142  GENERAL    SCHOOL   LAW 

temporary  certificate  shall  not  be  granted  more  than  once 
to  the  same  person;  Provided,  that  where  a  temporary  certi- 
ficate has  been  duly  issued  to  any  teacher,  and  that  it  is  im- 
possible, bv  reason  of  'sickness  or  other  unavoidable  accident, 
for  such  teacher  to  attend  the  next  regular  examination,  such 
teacher,  upon  due  and  sufficient  proof  certified  to  the  county 
superintendent,  who  shall  certify  the  facts  to  the  state  super- 
intendent of  public  instruction,  who  may  authorize  the  county 
superintendent  to  issue  a  second  permit  or  may.  require  the 
teacher  to  take  a  private  examination.  The  written  answers  of 
all  candidates,  for  county  certificates  after  being  duly  exam- 
ined by  the  county  superintendent,  shall  be  kept  by  him  during 
his  term  of  office,  and  any  candidate  thinking  an  injustice 
has  been  done  to  him  or  her,  by  paying  a  fee  of  two  dollars 
into  the  institute  fund  of  the  county  and  by  notifying  both 
county  and  state  superintendent  of  the  same,  shall  have  his  or 
her  paper  re-examined  by  the  superintendent  of  public  instruc- 
tion. The  county  superintendent  shall  upon  receipt  of  such 
notice  from  said  complaining  candidate,  transfer  said  paper 
to  the  superintendent  of  public  instruction,  who  shall  re-ex- 
amine the  same  and  if  the  answers  warrant  it  shall  instruct 
the  county  superintendent  to  issue  to  such  complaining  candi- 
date a  county  certificate  of  proper  grade  and  the  county 
superintendent  shall  carry  out  such  instructions.  (Act  ap- 
proved March  4th,  1897,  Sec.  i).  (5th  Sess.  146-148). 

959.  Qualifications  of  Teachers. — No  certificate  to  teach 
in  the  public  schools  of  Montana  shall  be  granted  to  any  per- 
son, who  is  not  a  citizen  of  the  United  States,  or  who  has  not 
declared  his  intention  to  become  a  citizen.  Any  teacher  no\vT 
holding  a  certificate,  who  is  not  a  citizen  of  the  United  States 
will  be  allowed  six  months  time  in  which  to  declare  his  inten- 
tion to  become  a  citizen,  or  else  have  his  certificate  revoked. 
No  regular  or  temporary  certificate  to  teach  shall  be  issued 
to  any  person  under  the  age  of  eighteen  years,  and  no  profes- 
sional or  first  grade  certificate  shall  be  issued  to  any  person 
who  has  not  taught  successfully  twelve  months ;  and  a  third 
grade  certificate  shall  not  be  issued  more  than  twice  to  the 
same  person.  Third  and  second  ^rade  certificates  shall  be  valid 
only  in  the  county  where  issued.  A  professional  or  first  grade 
certificate  shall  be  valid  in  any  county  in  the  state  upon  in- 
dorsement as  hereinafter  provided,  and  shall  be  renewed  by  the 


STATE  OF  MONTANA.  143 

county  superintendent  upon  the  proper  fee  being  paid  to  th^ 
institute  fund  as  provided  for  in  case  of  examination  provided,, 
that  no  professional  or  first  grade  certificate  shall  be  renewed 
unless  the  applicant  has  taught  at  least  ten  months  during  the 
life  of  said  certificate.  Said  professional  or  first  grade-  certi- 
ficate shall  be  renewed  by  the  county  superintendent  by  his 
indorsement  thereon,  upon  the  payment  of  the  same  fee  as  is 
required  by  law  for  examinations ;  provided  further,  that  when- 
ever application  is  made  by  a  holder  of  an  unexpired  first 
grade,  second  grade,  or  third  grade  Montana  certificate  for 
examination  for  any  higher  grade  certificate,  and  it  shall  be 
made  to  appear  to  the  county  superintendent  that  such  appli- 
cants have  been  engaged  in  teaching  in  any  of  the  public 
schools  of  the  state  for  a  period  of  one  year  or  more,  the  said 
applicant  shall  be  entitled  to  be  credited  with  the  percentage 
of  his  or  her  last  examination  for  said  first,  second  or  third 
grade  certificate,  as  the  case  may  be  and  shall  not  be  required 
to  be  examined  in  any  studies  except  the  additional  ones 
prescribed  for  such  certificates,  and  such  other  studies  that  the 
applicant  may  not  'have  secured  the  required  percentage  upon 
previous  examination ;  provided,  further,  that  to  excuse  any 
candidate  from  taking  the  examination  upon  any  branch  he  or 
she  must  have  secured  upon  such  branch  at  his  or  her 
last  previous  examination  at  least  80  per  cent.  No  per- 
son shall  be  employed  or  permitted  to  teach  in  any  of  the  pub- 
lic schools  of  the  state  who  is  not  a  holder  of  a  lawful  certifi- 
cate of  qualification  to  teach.  Any  contract  made  in  violation, 
of  this  section  shall  be  void;  provided,  that  the  special  certifi- 
cate in  penmanship,  drawing,  modern  language  and  music  shall 
be  granted  upon  request  of  the  majority  of  the  members  of  any 
board  of  trustees ;  such  special  certificate  to  be  valid  for  three 
years  and  shall  entitle  the  holder  to  teach  -only  such  special 
branch  or  branches  stated  in  said  certificate;  provided,  further,. 
that  if  the  attendance  upon  the  aforesaid  examination  of 
teachers  at  the  county  seat  shall  work  a  great  hardship  to 
one  or  more  teachers,  in  the  county,  the  county  superintendent, 
upon  application  of  the  state  superintendent,  may  provide  for 
such  teachers  to  take  the  examination  at  some  convenient 
place,  and  the  county  superintendent  may  appoint  some  sui:- 
able  person  to  conduct  such  examination,  under  the  rules  and 
regulations  prescribed  by  the  state  superintendent  of  public 


144  GENERAL    SCHOOL   LAW 

instruction.  (Act  approved  March  3,  1905).  (gth  Sess. 
Chap.  77). 

960.  (Sec.  1913.)     Charges  for  Certificates. — Every  applicant 
for    a    county    certificate    shall    pay    one    dollar    to    the    county 
superintendent,  which  shall  be  used  by  him  in  the  support  of 
teachers'   institutes   in   the   county.     (Act   approved   March    it, 

1895). 

961.  (Sec.    1914.)     Revocation  of   Certificates. — The    county 

superintendent  is  authorized  and  required  to  revoke  and  annul 
at  any  time  a  certificate  granted  by  him  or  his  predecessor  for 
any  cause  which  would  have  authorized  or  required  him  to 
refuse  to  grant  it  if  known  at  the  time  it  was  granted,  and  for 
incompetency,  immorality,  intemperance,  cruelty,  crime  against 
the  state  law,  refusal  to  perform  his  duty,  or  general  neglect 
of  the  business  of  the  school.  The  revocation  of  the  certi- 
ficate shall  terminate  the  employment  of  such  teacher  in  the 
school  in  which  he  or  she  may  at  the  time  be  employed,  but  the 
teacher  must  be  paid  up  to  the  time  of  receiving  notice  of  such 
revocation.  (Act  approved  March  n,  1895). 

962.  (Sec.    1915.)     Custody    of    Examination    Papers. — The 
questions  prepared  by  the  superintendent  of  public  instruction 
when    received    by    the    county    superintendent    shall    not    be 
opened  or  the  seal  thereof  broken  until  the  day  of  examination. 
And    the    county    superintendent    is    prohibited    from    furnish- 
ing or  giving  to  any   person  or  persons   any   information   con- 
cerning   the    questions    prepared    by    the    state    superintendent, 
(Act  approved   March   n,   1895). 

963.  Status    of    Three    Year    Graduates    of    State    Normal 
School. — All   graduates   of   the   state   normal   school   who   have 
completed  and  graduated  in  the  professional  course  of  the  three 
years'  course  of  said  school  and  received  a  diploma,  certifying 
that  either  of  the-said  courses,  has  been  completed,  shall,  on  the 
registry  of  said  diploma  in  the  office  of  the  state  superintendent 
of  public  instruction,  be  entitled  to  teach  in  the  public  schools 
of  the  State  of  Montana  without  other  or  further  examination 
for   the    term   of  three   years   after    such   graduation    and    such 
graduates  shall,  on  furnishing  to  the  state  board  of  education 
satisfactory  evidence  of  having  successfully  taught  in  the  public 
schools   of   the   state   for   a   term   of   two   years,   be   entitled    to 
receive   from   said   board   a   life   diploma.     (Act   approved   Feh- 

-ruary  22nd,  1899,  Sec.  i).     (6th  Sess.  51-2). 


STATE  OF  MONTANA.  145 

964.  Status  of  Four  Year  Graduates  State  Normal  School.— 
All  graduates  of  the  said  state  normal  school  who  have  com- 
pleted and  graduated  in  the  four  years'  course  of  said  school 
and  received  a  diploma  certifying  that  said  course  has  been 
completed,  shall  on  the  registry  of  said  diploma  in  the  office 
of  the  state  superintendent  of  public  instruction,  be  entitled 
to  teach  in  the  public  schools  of  the  State  of  Montana,  without 
other  or  further  examination,  for  a  term  of  three  years  after 
such  graduation,  and  on  furnishing  to  the  state  board  of  edu- 
cation satisfactory  evidence  of  having  successfully  taught 
in  the  public  schools  of  Montana  for  a  period  of  one  year,  shaH 
be  entitled  to  receive  from  such  board  a  life  diploma.  (Act 
approved  February  22nd,  1899,  Sec.  2).  (6th  Sess.  52). 


ARTICLE   XV. 
Compulsory   Attendance. 

Section  965.     Compulsory  attendance.     Excuses. 

Section  966.     Employment  of  children   under  fourteen  prohibited. 

Section  967.     Employment,  of  children  between  fourteen  and  sixteen. 

Section  968.     Juvenile  disorderly  persons. 

Section  969.     Truant   officers,   powers   and    duties. 

Section  970.     Duties  of  principals,  teachers  and  clerks. 

Section  971.     Prosecution  of  truants. 

Section  972.     Commitment  to  industrial  school. 

Section  973.     Pauper  children. 

965.  Compulsory  Attendance.  Excuses. — All  parents  guard- 
ians and  other  persons  who  have  care  of  children,  shall  in- 
struct them,  or  cause  them  to  be  instructed  in  reading,  spell- 
ing, writing,  English  grammar,  geography,  physiology  and 
hygiene,  and  arithmetic.  Every  parent,  guardian  or  other  per- 
son having  charge  of  any  child  between  the  ages  of  eight  and 
fourteen  years  shall  send  such  child  to  a  public,  private,  or 
parochial  school,  for  the  full  time  that  the  school  attended  Is 
in  session,  which  shall  in  no  case  be  for  less  than  sixteen 
weeks  during  any  current  year,  and  said  attendance  shall  begin 
within  the  first  week  of  the  school  term,  unless  the  child  is 
excused  from  such  attendance  by  the  superintendent  of  the 
public  schools,  in  city  and  other  districts  having  such  super- 
intendent, or  by  the  clerk  of  the  board  of  trustees  in  village 
and  township  districts  not  having  such  superintendent,  or  by 
the  principal  of  the  private,  or  parochial  school,  upon  satis- 


146  GENERAL    SCHOOL   LAW 

factory  showing,  either  that  the  bodily  or  mental  condition 
of  the  child  does  not  permit  of  its  attendance  at  school,  or 
that  the  child  is  being  instructed  at  home  by  a  person  qualified, 
in  the  opinion  of  the  superintendent  of  schools  in  city  or  other 
districts  having  suc'h  superintendent,  or  the  clerk  of  the  board 
of  trustees  in  village  or  township  districts  not  having  such 
superintendent,  to.  teach  the  branches  named  in  this  section, 
or  that  there  is  no  school  taught  the  required  length  of  time 
within  2^2  miles  of  the  residence  of  such  child  by  the  nearest 
traveled  road ;  provided,  that  no  child  shall  be  refused  admis- 
sion to  any  public  school  on  account  of  race  or  color.  In  case 
such  superintendent,  principal  or  clerk  refuses  to  excuse  a  chili 
from  attendance  at  school,  an  appeal  may  be  taken  from  such 
decision  to  district  court  of  the  county,  upon  giving  a  bond, 
within  ten  days  after  such  refusal,  to  the  approval  of  said 
court,  to  pay  all  costs  of  the  appeal,  and  the  decision  of  the 
district  court  in  the  matter  shall  be  final.  All  children  be- 
tween the  ages  of  fourteen  and  sixteen  years,  not  engaged  in 
some  regular  employment,  shall  attend  school  for  the  full 
term  of  the  schools  of  the  district  in  which  they  reside  are 
in  session  during  the  school  year,  unless  excused  for  the 
reason  above  named.  Any  parent,  guardian,  or  other  person, 
having  care  of  a  child  between  the  ages  of  eight  and  fourteen 
years,  who  shall,  in  violation  of  the  provisions  of  this  section, 
fail  to  place  such  child  in  school  at  the  commencement  of  the 
annual  school  term  within  the  time  prescribed  in  this  section, 
shall  upon  conviction,  be  fined  not  less  than  five  dollars  nor 
more  than  twenty  dollars.  (Act  approved  March  3rd,  1903, 
Sec.  i).  (8th  Sess.  Chap.  45).' 

966.  Employment  of  Children  Under  Fourteen  Prohibited. — 
No  child  under  fourteen  years  of  age  shall  be  employed  or  be 
in  the  employment  of  any  person,  company  or  corporation  dur- 
ing the  school  term  and  while  the  public  schools  are  in.  ses- 
sion, unless  such  child  shall  present  to  such  person,  company  or 
corporation  an  age  and  schooling  certificate  herein  provided 
for.  An  age  and  schooling  certificate  shall  be  approved  only 
by  the  superintendent  of  schools,  or  by  a  person  authorized 
by  him,  in  city  or  other  districts  having  such  superintendent, 
or  by  the  clerk  of  the  board  of  trustees  in  village  and  town- 
s'hip  districts  not  having  such  superintendent,  upon  a  satisfac- 
tory proof  of  the  age  of  such  minor  and  that  he  has  success- 


STATE  OF  MONTANA.  147 

fully  completed  the  studies  enumerated  in  Sec.  965  of  th's 
article ;  or  if  betewen  the  ages  of  fourteen  and  sixteen  years, 
a  knowledge  of  his  or  her  ability  to  read  and  write  legibly 
the  English  language.  The  age  and  schooling  certificate  shall 
be  formulated  by  the  superintendent  of  public  instruction  and 
the  same  furnished,  in  blank,  by  the  clerk  of  the  board  of 
trustees  or  the  clerk  of  the  district.  Every  person,  company, 
or  corporation  employing  any  child  under  sixteen  years  of  age, 
shall  exact  the  age  and  schooling  certificate  prescribed  in  this 
section,  as  a  condition  of  employment  and  shall  keep  the  same 
on  file,  and  shall  upon  the  request  of  the  truant  officer  herein- 
after provided  for,  permit  him  to  examine  such  age  and  school- 
ing certificate.  Any  person  company,  or  corporation,  employ- 
ing any  minor  contrary  to  the  provisions  of  this  section  shall 
be  fined  not  less  than  twenty-five  nor  more  than  fifty  dollars 
for  each  and  every  offense.  (Act  approved  March  3rd,  1903, 
Sec.  2).  (8th  Sess.  Chap.  45). 

967.  Employment  of   Children   Between   Fourteen  and   Six- 
teen.— All  minors  over  the  age  of  fourteen  and  under  the  age 
of  sixteen  years,  who  cannot  read  and  write  the  English  lan- 
guage shall  be  required  to  attend  school  as  provided  in  Sec. 
965,  of  this  article  and  all  the  provisions  of  said  section  shall 
apply  to  said  minors;  provided,  that  such  attendance  shall  not 
be  required  of  such  minors  after  they  have  secured  a  certificate 
from   the   superintendent  of  schools   in   districts   having   super- 
intendents, or  the   clerk   of  the  board   of  trustees   in   districts 
not  having  superintendents,  that  they  can  read,  and  write  the 
English   language.     No   person,   company   or   corporation,   shall 
employ  any  such  minor  during  the  time  schools  are  in  session, 
or    having    such    minor    in     their     employ     shall     immediately 
cease     such      employment,      upon      notice      from      the      truant 
officer    who    is    hereinafter    provided.        Every    person,    com- 
pany  or    corporation    violating   the    provisions    of    this    section 
shall  be  fined  not  less  than  twenty-five  nor  more  than  fifty  dol- 
lars  for   each   and   every   offense.     (Act   approved   March   3rd, 
1903,   Sec.   3).     (8th    Sess.    Chap.   45). 

968.  Juvenile  Disorderly  Persons. — Every  child  between  the 
ages  of  eight  and  fourteen  years,  and  every  child  between  the 
ages  of  fourteen  and  sixteen   years   unable   to   read,   and   write 
the    English    language,    or   not    engaged    in    some    regular    em- 
ployment and  who  is  an   habitual  truant   from   school,  or   who 


148  GENERAL   SCHOOL   LAW 

absents  itself  habitually  from  school,  or  who  while  in  attend- 
ance at  any  public,  private,  or  parochial  school,  is  incorrigible, 
vicious,  or  immoral  in  conduct,  or  who  habitually  wanders 
about  the  streets  and  public  places  during  school  hours  having 
no  business  or  lawful  occupation,  shall  be  deemed  a  juvenile 
disorderly  person  and  be  subject  to  the  provision  of  this  act. 
(Act  approved  March  3rd,  1903,  Sec.  4).  (8th  Sess.  Chap.  45). 
969.  Truant  Officers.  Powers  and  Duties. — To  aid  in  the 
enforcement  of  this  act,  truant  officers  shall  be  appointed  and 
employed  as  follows :  In  city  districts  the  board  of  trustees 
shall  appoint  and  employ  one  or  more  truant  officers ;  in  vil- 
lages and  township  districts  the  trustees  shall  appoint,  if  they 
deem  it  advisable,  a  constable  or  other  person  as  truant  officer. 
The  compensation  of  the  truant  officer  shall  be  fixed  and  paid 
by  the  board  appointing  him.  The  truant  officer  shall  be 
vested  with  police  powers,  the  authority  to  serve  warrants,  and 
have  authority  to  enter  workshops,  factories,  stores,  and  all 
other  places  where  children  may  be  employed,  and  do  what- 
ever may  be  necessary,  in  the  way  of  investigation  or  other- 
wise to  enforce  the  provisions  of  this  Act ;  he  is  also  author- 
ized and  it  shall  be  his  duty  to  take  into  custody  the  person 
of  any  youth  between  eight  and  fourteen  years  of  age,  or  be- 
tween fourteen  or  sixteen  years  of  age  when  not  regularly 
employed  or  when  unable  to  read,  and  write  the  English 
language,  who  is  not  attending  school,  and  shall  conduct  said 
youth  to  the  school  he  has  been  attending,  or  which  he  should 
rightfully  attend.  The  truant  officer  shall  institute  proceed- 
ings against  any  officer,  parent,  guardian,  person,  or  cor- 
poration, violating  any  provisions  of  this  Act,  and  perform 
such  other  services  as  the  superintendent  of  schools  or  the 
board  of  trustees  may  deem  necessary  to  preserve  the  morals 
and  secure  the  good  conduct  of  school  children  and  to  enforce 
this  act.  The  truant  officer  shall  keep  a  record  of  his  transac- 
tions for  the  inspection  and  information  of  the  superin- 
tendent of  the  schools  and  the  board  of  trustees ;  and  he  shall 
make  daily  reports  to  the  superintendent  of  schools  during  the 
school  term  in  districts  having  superintendents,  and  to  the 
clerk  of  the  board  of  trustees  in  districts  not  having  super- 
intendents as  often  as  required  by  him.  Suitable  blanks  for 
use  of  the  truant  officer  shall  be  provided  by  the  clerk  of  the 


STATE  OF  MONTANA.  149 

board  of  trustees  or  the  clerk  of  the  district.     (Act  approved 
March  3rd,   1903,  Sec.  5).     (8th  Sess.   Chap.  45). 

970.  Duties  of  Principals,  Teachers  and  Clerks. — It  shall  be 
the  duty  of  all  principals,  and  teachers   of  all  schools,   public, 
private,  and  parochial,   to  report  to  the   clerk  of  the  board  of 
trustees  of  the  city,  village  or  district  in  which  the  schools  are 
situated,  the  names,  ages,  and  residences  of  all  pupil's  in  attend- 
ance at  their  schools,  together  with   such  other   facts  as  said 
clerk  may  require,  in  order  to  facilitate  the  carrying  out  of  the 
provisions  of  this  Act,  and  the  clerk  shall   furnish  blanks  for 
such  purpose,  and  such  report  shall  be  made  during  the  last 
week  of  each  month  from  September  to  June  inclusive  of  each 
year.     It    shall    be    the    further    duty    of    such    principals    and 
teachers  to  report  to  the  truant  officer,  the  superintendent  of 
public   schools,  or  the   clerk   of  the   board   of  trustees,   as   the 
case   may   be,    all    cases   of   truancy    or   incorrigibility   in   their 
respective  schools  as  soon  after  these  offenses  have  been  com- 
mitted,  as   practicable.     (Act  approved   March   3rd,    1903,   Sec. 
6).     (8th  Sess.  Chap.  45). 

971.  Prosecution  of  Truant. — On   the   request  of  the   super- 
intendent of  schools,  or  the  board  of  trustees,  or  when  it  other- 
wise comes  to  his  notice,  the  truant  officer  shall  examine  into 
any  case  of  truancy  or  non-attendance  within  his  district,  and 
warn  said  truant  or  non-attendant  and  his  parent,  guardian  or 
other  person  in  charge,  in  writing,  of  the  final  consequence  of 
truancy  or  non-attendance  if  persisted  in.     When  any  child  be- 
tween the  ages  of  eight  and  fourteen  years  or  any  child  be- 
tween the  ages  of  fourteen  and  sixteen  years,  .who  cannot  read 
and  write  the  English  language  or  who  is  not  regularly  employ- 
ed, is  not  attending  school,  in  violation  of  the  provisions  of  this 
Act,  the  truant  officer  shall  notify  the  parent,  guardian  or  other 
person  in  charge  of  such  child,  of  the  fact,  and  require  such  par- 
ent, guardian  or  other  person  in  charge,  to  cause  the  cKild  to  at- 
tend  some  recognized  school  within  two  days  from  the  date  of  the 
notice ;  and  it  shall  be  the  duty  of  the  parent,  guardian,  or  other 
person   in   charge   of   the   child,   so   to   cause   its   attendance   at 
some    recognized    school.     Upon    failure    to    do    so,    the    truant 
officer   shall   make   complaint   against   the   parent,   guardian   or 
other  person  in  charge  of  the  child  in  any  court  of  competent 
jurisdiction  in  the  city,  village,  or  other  district  in  which  the 
offense  occurs,  for  such  failure,  and  upon  conviction,  the  parent, 


150  GENERAL   SCHOOL   LAW 

guardian,  or  other  person  in  charge,  shall  be  fined  not  less  than 
five  dollars,  nor  more  than  twenty  dollars,  or  the  court  may 
in  its  discretion,  require  the  person  so  convicted  to  give 
bond  in  the  penal  sum  of  one  hundred  dollars,  with  sureties  to 
the  approval  of  the  court,  conditioned  that  he  or  she  will 
cause  the  child  under  his  or  her  charge  to  attend  some  recog- 
nized school  within  two  days,  thereafter  and  to  remain  at  such 
school  during  the  term  prescribed  by  law ;  and  upon  the  failure 
or  refusal  of  any  parent,  guardian,  or  other  person  to  pay  said 
fine  and  costs  or  furnish  saicl  bond  according  to  the  order  of 
the  court,  then  said  parent,  guardian  or  other  person  shall 
be  imprisoned  in  the  county  jail  not  less  than  ten  days  nor 
more  than  thirty  days.  (Act  approved  March  3rd,  1903,  Sec. 
6).  (8th  Sess.  Chap.  45). 

972.  Committment  to  Industrial  School. — If  the  parent, 
guardian,  or  other  person  in  charge  of  any  child,  shall,  upon 
the  complaint  under  the  last  section  for  a  failure  to  cause  the 
child  to  attend  a  recognized  -school,  prove  inability  to  do  so, 
then  he  or  she  shall  be  discharged  and  thereupon  the  truant 
officers  shall  make  complaint  that  the  child  is  a  juvenile  dis- 
orderly person  within  the  meaning  of  Section  968  (1923),  of 
this  article.  If  such  complaint  is '  made  before  any  Mayor, 
Justice  of  the  Peace  or  Police  Judge,  it  shall  be  certified  by 
such  Magistrate  to  the  district  court  in  and  for  the  county 
in  which  the  child  resides  or  to  a  judge  of  said  district  court. 
The  district  court  or  the  judge  thereof  to  whom  the  same  is 
certified  shall  hear  such  complaint  and  if  it  be  determined  that 
the  child  is  a  juvenile  disorderly  person  within  the  meaning 
of  Section  968  (1923),  of  this  Article,  the  saicl  child  shall  be 
committed  by  the  said  court  or  the  judge  thereof  to  whom 
the  complaint  was  certified  to  the  industrial  school  hereinafter 
provided  for,  where  he  shall  be  subject  to  all  rules  and  regu- 
lations of  said  industrial  school ;  provided,  further,  that  if  for 
any  cause  the  parent,  guardian,  or  other  person  in  charge 
of  any  juvenile  disorderly  person  as  defined  in  Section  968 
(1923),  of  this  Article,  shall  fail  to  cause  such  juvenile  dis- 
orderly person  to  attend  school,  then  complaint  against  such 
juvenile  disorderly  person  shall  be  made,  heard  and  determined 
in  like  manner  as  provided  in  case  the  parent  proves  inability 
to  cause  such  juvenile  disorderly  person  to  attend  school.  (Act 
approved  March  3,  1905,  Sec.  i).  (9th  Sess.  Chap.  80). 


STATE  OF  MONTANA. 


151 


973.  Pauper  Children. — When  any  truant  officer  is  satisfied 
that  any  child,  compelled  to  attend  school  by  the  provisions 
of  this  Act,  is  unable  to  attend  school  because  absolutely  re- 
quired to  work,  at  home  or  elsewhere,  in  order  to  support  itself 
or  help  support,  or  care  for  others  legally  entitled  to  its  ser- 
vices, who  are  unable  to  support  or  care  for  themselves,  the 
truant  officer  shall  report  the  case  to  the  authorities  charged 
with  the  relief  of  the  poor,  and  it  shall  be  the  duty  of  said 
officers  to  afford  such  relief  as  will  enable  the  child  to 
attend  school  the  time  each  year  required  under  this  Act. 
Such  child  shall  not  be  considered  or  declared  a  pauper  by 
reason  of  the  acceptance,  of  the  relief  herein  provided  for.  In 
case  the  child,  or  its  parents  or  guardian  refuse  or  neglect  to 
take  advantage  of  the  provisions  thus  made  for  its  instruc- 
tion, such  child  may  be  committed  to  the  industrial  school  here- 
inafter provided  for.  In  all  cases  where  relief  is  necessary 
it  shall  be  the  duty  of  the  board  of  trustees  or  the  trustees 
of  the  district  to  furnish  text  books  free  of  charge  and  said 
board  of  trustees  may  furnish  any  further  relief  it  may  deem 
necessary,  the  expenses  incident  to  furnishing  said  books  and 
relief  to  be  paid  from  the  general  fund  of  the  school  district. 
(Act  approved  March  3rd,  1903,  Sec.  6).  (8th  Sess.  Chap  45). 


ARTICLE  XVI. 
Industrial   Schools. 

Section  974.     Industrial   schools,    where   established 
Section  975.     Purchase  of   sites   for   buildings. 
Section  976.     Employment    and    regulations    of   teachers. 
Section  977.     Parent  to  provide  clothing. 
Section  978.     Rules  and  regulations  of  school. 
Section  979.     Paroled  children. 
Section  980.     Recommitment  of  paroled  children. 
Section  981.     Incorrigibles. 

Section  982.     Industrial  schools  in  small  districts. 
Section  983.     Receiving   pupils    from   other   districts. 
Section  984.     Penalties  and  fines  for  neglect  of  official  duty. 
Section  985.     Penalties   for   repeated   violations   of   act. 
Section  986.     Duties    of    trustees    to    provide    sufficient    accommoda- 
tions. 

Section  987.     Costs  of  prosecution. 
Section  988.     Repeal  of   conflicting  provisions. 

974.     Industrial  Schools,  Where  Established. — In  school   dis- 
tricts having  a  population  of  25,000  or  more,  there  shall  be  es- 


152  GENERAL    SCHOOL   LAW 

tablished  within  two  years  from  the  passage  of  this  Act,  an 
industrial  school  for  the  purpose  of  affording  a  place  of  con- 
finement, discipline,  instruction,  and  maintenance  of  children  of 
compulsory  school  age  who  may  be  committed  thereto  accord- 
ing to  the  provisions  prescribed  in  Section  972  (1925).  (Act 
approved  March  3rd,  1903).  (8th  Sess.  Chap.  45). 

975.  Purchase   of   Site   and   Building. — For   the    purpose    of 
establishing  such  school  or  schools, "sites  may  be  purchased  and 
buildings    constructed    or   premises    rented    in    the    same    man- 
ner as  is  provided   for  in  the   case  of  public  schools   in   such 
districts;  but  no  school  shall  be  located  at  or  near  any  penal 
institution.     And  it  shall  be  the  duty  of  the  board  of  trustees 
to  furnish  such  schools  with  such  furniture,  fixtures,  industrial 
and  other  apparatus,  and  provisions  as   may  be   necessary   for 
the  maintenance  and  operation  thereof.     (Act  approved  March 
3rd,  1903).     (8th  Sess.  Chap.  45). 

976.  Employment  and  Regulation  of  Teachers. — The  board 
of  trustees   may  also   employ   a   principal   and   other   necessary 
officers,  agents,  and  teachers,  and  shall  prescribe  the  methods 
of  discipline  and  the  course  of  instruction ;  and  shall   exercise 
the  same  powers  and  perform  the  same  duties  as  is  prescribed 
by  law  for  the  management   of  other   schools. 

No  religious  instruction  shall  be  given  in  said  school,  except 
such  as  allowed  by  law  to  be  given  in  public  schools ;  but  the 
board  of  trustees  may  make  suitable  regulation  so  that  the  in- 
mates may  receive  religious  training  in  accordance  with  the 
belief  of  the  parents  of  such  children,  by  arranging  for  attend- 
ance at  public  services  elsewhere.  (Act  approved  March  3rd, 
1903).  (8th  Sess.  Chap.  45). 

977.  4 Parents  to  Provide  Clothing. — It  shall  be  the  duty  of 
the  parent  or  guardian  of  any  child  committed  to  this  school 
to  provide  suitable   clothing  upon  his  or  her  entry  into   such 
school,  and  from  time  to  time  thereafter  as  it  may  be  needed, 
upon  notice  in  writing  from  the  superintendent  or  other  proper 
officer   of   the   school.     In    case   any   parent   or   guardian    shall 
refuse  or  neglect  to   furnish   such   clothing,  the  same   may  be 
provided  by  the  board  of  trustees,  and  such  board  may  have 
an    action    against    such   parent   or   guardian    of   said    child    to 
recover    cost    of    such    clothing,    with    10    per    cent    additional 
thereto.     (Act   approved   March   3rd,    1903).     (8th   Sess.   Chap. 
45). 


STATE  OF  MONTANA.  153 

978.  Rules  and  Regulations  of  School. — The  board  of  trus- 
tees of  such   district  shall  have  power  to   establish  rules   and 
regulations    under    which    children    committed    to    such    indus- 
trial school  may  be  allowed  to  return  home  upon  parole,  but 
to  remain  while  upon  parole  in  the  legal   custody  and   under 
control  of  the  officers  and  agents  of  such  school  and  subject 
at  any   time   to   be   taken   back   within   the   enclosure   of   such 
school  by  the  superintendent  or  any  authorized  officer  of  said 
school  except  as  hereinafter  provided;  and  full  power  to  enforce 
such  rules  and  regulations   to  retake  any  such  child   so  upon 
parole   is   hereby   conferred   upon   said   board   of   trustees.     No 
child   shall   be   released    upon   parole   in   less   than    four   weeks 
from  the  time  of  his  or  her  committment,  nor  thereafter  until 
the  superintendent  of  such  industrial  school  shall  have  become 
satisfied  from  the  conduct  of  such  child,  that,  if  paroled,  he  or 
she  will  attend  regularly  the  public  or  private  school  to  which 
he  or  she  may  be  sent  by  his  or  her  parents  or  guardians,  and 
shall  so  certify  to  the  board  of  trustees.     (Act  approved  March 
3rd,    1903).     (8th   Sess.   Chap.  45). 

979.  Paroled  Children. — It  shall  be  the  duty  of  the  principal 
or  other  person  having  charge  of  the  school  to  which  children 
so  released  on  parole  may  be  sent,  to  report  at  least  once  each 
month   to   the   superintendent   of   the   industrial   school,   stating 
whether  or  not  such  child  attends  school  regularly,  and  obeys 
the  rul-es  and  regulations  of  said  school ;  and  if  such  child  so 
released  upon  parole  shall  be  regular  in  his  or  her  attendance, 
at   school,   and   his   or   her   conduct   as   a   pupil    shall   be    satis- 
factory for  a  period  of  one  year  from  date  on  which  he  or  she 
was  released  upon  parole,  he  or  she  shall  then  be  finally  dis- 
charged from  the  industrial  or  truant  school,  and  shall  not  be 
recommitted    thereto    except    as    hereinbefore    provided.     (A:.t 
approved  March  3rd,  1903).     (8th  Sess.  Chap.  45). 

980.  Recommitment  of  Paroled  Children. — In  case  any  child 
released    from    school    upon    parole,    as    hereinbefore    provided, 
shall  violate   the   conditions   of   his   or  her   parole  at   any   time 

-within  one  year  thereafter,  he  or  she  shall  upon  the  order  of 
the  board  of  trustees,  as  hereinbefore  provided,  be  taken  back 
to  such  industrial  school,  and  shall  not  be  again  released 
upon  parole  within  the  period  of  three  months  from  the  dare 
of  such  re-entering;  and  if  he  or  she  shall  violate  the  condi- 
tions of  a  second  parole,  he  or  she  shall  be  recommitted  to 


154  GENERAL    SCHOOL  LAW 

such  industrial  school,  and  shall  not  be  released  therefrom  on 
parole,  until  he  or  she  shall  remain  in  such  school  at  least  one 
year.  (Act  approved  March  3rd,  1903).  (8th  Sess.  Chap.  45). 

981.  Incorrigibles. — In  any  case  where  a  child  is  incorrigible 
and  his  or  her  influence  in  such  school  be   detrimental  to  the 
interests  of  the  other  pupils,  the  board  of  trustees  may  author- 
ize  the   superintendent   or   any   other   officer   of   the   school   to 
represent  these  facts  to  the  district  court  by  petition;  and  the 
court  shall  have  power  to  commit  said  child  to  the  state  reform 
school.     (Act   approved    March   2nd,    1903).     (8th   Sess.    Chap. 

45)- 

982.  Industrial   Schools    in    Small    Districts. — The    board    of 

trustees  in  districts  having  a  population  less  than  25,000  may 
establish,  maintain  and  operate  an  industrial  school  for  the  pur- 
pose hereinbefore  specified,  and  in  case  of  the  establishment  of 
such  school,  the  board  of  trustees  shall  have  like  power  in  their 
respective  districts  as  hereinbefore  expressed ;  provided,  that 
no  board  of  trustees  under  'this  section  shall  put  this  law  into 
effect  until  submitted  to  a  vote  at  some  general  or  special  elec- 
tion. (Act  approved  March  3rd,  1903).  (8th  Sess.  Chap.  45). 

983.  Receiving    Pupils    From    Other    Districts. — Boards    of 
trustees  in  districts  where  there  is  established  and  in  operation 
an  industrial  school,  may  if  the  accommodation  permits  receive 
pupils  from  other  districts  who  have  been   committed   '.hereto, 
upon  the  payment  from  the  district  in  which  the  child  resides, 
at  such  rate  of  tuition  as  the  board  of  trustees  may  fix.     (Act 
approved  March  3rd,   1903).     (8th  Sess.   Chap.  45). 

984.  Penalties  and  Fine  for  Neglect  of  Official  Duty. — Any 
officer,   principal,  or   other  person   mentioned    in   this   Act,   ne- 
glecting to  perform   any  duty  imposed  upon  him  by  this   Act, 
shall  be  fined  not  less  than  twenty-five  nor  more  than  fifty  dol- 
lars, for  each  offense.     Any  officer  or  agent  of  any  corporation 
violating  any  provisions  of  this  Act,   and  who   participates   or 
acquiesces  in  or  is  cognizant  of  such  violation,  shall  be  fined 
not  less   than   twenty-five   dollars   nor   more   than   fifty   dollars. 
Any  person  who  violates  any  provision  of  this  act  for  which  a 
penalty   is    not    elsewhere    in    this    Act   provided    for,    shall    be 
fined    not    more    than    fifty    dollars.     Mayors,    justices    of    the 
peace,  police  judges,  and  district  courts  shall  have  jurisdiction 
to  try  the  offenses  described  in   this   Act.   .  When   complaint  is 
made,   information   filed   or  indictment   found   against   any   cor- 


STATE  OF  MONTANA.  155 


poration  for  violating  this  Act,  summons  shall  be  served,  ap- 
pearance made,  or  plea  entered,  as  provided  by  the  laws  of 
Montana,  except  that  in  complaint  before  magistrates,  services 
shall  be  made  by  the  constable.  In  all  other  cases  process 
shall  be  served,  and  proceedings  had,  as  in  cases  of  mis- 
demeanor. All  fines  collected  under  the  provisions  of  this 
Act  shall  be  paid  into  the  funds  of  the  school  district  in  which 
the  offense  was  committed.  Boards  of  trustees  are  authorized 
to  employ  legal  counsel  to  prosecute  any  case  arising  under 
the  provisions  of  the  Act  when  it  shall  deem  the  same  neces- 
sary, and  the  services  of  such  counsel  shall  be  paid  from  the 
general  fund  of  the  district.  (Act  approved  March  3rd,  1903). 
(8th  Sess.  Chap.  45). 

985.  Penalties  for  Repeated  Violation  of  Act. — Every  person 
who,  after  being  once  convicted  for  violating  any  of  the  pro- 
visions of  this  Act,  shall  be  convicted  of  again  violating  any  of 
the  provisions  of  this  Act,  may,  in  addition  to  the  punishment 
by  way  of  a  fine  elsewhere  provided  for,  be  imprisoned  not  less 
than  ten  days  nor  more  than  thirty  days.     On   complaint,  be- 
fore mayor,  justice  of  the  peace,  or  police  judge <  of  a  second 
violation   of  this   Act   involving  punishment  by   imprisonment, 
if  a  trial  by  jury  be  not  waived,  a  jury  shall  be  chosen  and  the 
case  tried,  after  the  manner  provided  in  the  laws  of  Montana. 
(Act  approved  March  3rd,   1903).     (8th   Ses*s.   Ohap.  45). 

986.  Duty  of  Trustees  to  Provide  Sufficient  Accommodations. 
— It  is  hereby  made  the  duty  of  every  board  of  trustees  in  th:.s 
state  to  provide  sufficient  accomodations  in  the  public  schools 
for  all  children  in  their  district  compelled  to  attend  the  public 
schools   under   the   provisions   of   this   Act.     Authority   to   levy 
tax  and  raise  the  money  necessary  for  such  purpose,  is  hereby 
given   the   proper   officers   charged   with   such   duty    under   the 
law.     (Act  approved  March  3rd,   1903).     (8th  Sess.  Chap.  45). 

987.  Costs  of  Prosecutions. — No  officer  or  person  instituting 
proceedings  under  this  Act  shall  be  required  to  advance  money 
or  give  security  for  costs ;   and  if  a   defendant  is  acquitted   or 
discharged,   or   if   convicted,   and   committed   to   jail   in   default 
of  payment  of  fine  and  costs,  the  justice,  mayor,  police  judge 
or   district    court,   before   whom    such    case    was   brought    shall 
certify  such   costs   to   the   county   auditor,   who   shall   examine, 
and  if  necessary  correct  the  account,  and  issue  his  warrant  to 
the    county    treasurer    in    favor    of    the    respective    persons    to 


156  GENERAL   SCHOOL   LAW 

whom  such  costs  are  due  for  the  amount  due  each.     (Act  ap- 
proved   March   3rd,    1903).     (8th    Sess.    Chap.   45). 

988.  Repeal  of  Conflicting   Provisions. — All   sections   in   the 
school  laws  of  the  State  of  Montana  in  violation   of  the  pro- 
visions of  this  Act  are  hereby  repealed.     (Act  approved  March 
3rd,    1903).     (8th   Sess.    Chap.  45). 

ARTICLE  XVII. 
City   Superintendent  of   Schools. 

Section  989.     Ci'ty  superintendent  of  schools. 

Section  990.     Qualifications. 

Section  991.     Duties. 

Section  992.     Certain   employment   prohibited. 

989.  (Sec.    1930.)       City     Superintendent     of     Schools. — In 
every      district      having      a      population      of      two      thousand 
and  upward  the  board  of  trustees  of  such  district  may  appoint 
a  superintendent  of  schools   of   the   district.     He   shall   be   ap- 
pointed for  such  term,  not  exceeding  three  years,  as  the  Board 
may  deem   proper  and   be  paid   such   salary   from   the  general 
school  fund  as  is  fixed  by  the  board  of  trustees. 

Section  2.  All  Acts  and  parts  of  Acts  in  conflict  herewith 
are  hereby  repealed. 

Section  3.  This  Act  shall  take  effect  from  and  after  its  pas- 
sage and  approval. 

Approved    February    23,    1911. 

990.  (Sec.   1931.)     Qualifications. — The  person  appointed  to 
such   position   shall   be   a   holder   of   a    state   certificate   of   the 
highest   grade,   issued   in   some   state,   or   a   graduate    of   some 
reputable  university,  college  or  normal  school,  and  shall  have 
taught   in   public   schools   at   least  five   years.     (Act   approved 
March    n,    1895). 

991.  (Sec.    1932.)     Duties. — The    superintendent    shall    per- 
form such  duties  as  the  board  of  trustees  shall  prescribe.     (Act 
approved  March  n,  1895). 

992.  (Sec.     1933.)     Certain     Employment     Prohibited. — No 
city  superintendent  shall  engage  in  any  work  that  will  conflict 
with   his   duties   as   superintendent.     (Act   approved   March    n, 


STATE  OF  MONTANA.  157 

ARTICLE  XVIII. 

School  Funds. 

Section     993.     Permanent  school  fund. 
Section     994.     Common  school  levy. 
Section     995.     Special  school  tax. 
Sectioni    996.    Apportionment. 

Section    997.     Purposes  for  which  money  may  te  used. 
Section     998.    Transfer  of  road  funds. 
Section    999.     Proceeds  of  town  lots. 
Section  1000.    Building  and  furnishing  fund. 
Section  1001.     Warrants. 
Section  1002.     Transfer  of  funds.     Election. 

993.  Permanent  School  Fund.— The  principal  of  the  state , 
school  fund  'shall  remain  irreducible  and  permanent.  That 
said  fund  shall  be  derived  from  the  following  sources,  to-wit: 
appropriations  and  donations  by  the  state  to  this  fund;  dona- 
tions and  bequests  by  individuals  to  the  state  or  common 
schools;  the  proceeds  of  land  and  other  property  which  revert 
to  the  state  by  escheat  and  forfeiture;  the  proceeds  of  ail 
property  granted  to  the  state,  when  the  purpose  of  the  grant 
is  not  specified  or  is  uncertain;  funds  accumulated  in  the 
treasury  of  the  state  for  the  disbursement  of  which  provision 
has  not  been  made  by  law;  the  proceeds  of  the  sale  of  timber, 
stone,  materials  or  other  property  from  school  lands 
other  than  those  granted  for  specific  purposes,  and 
all  moneys  other  than  rental  recovered  from  persons 
trespassing  on  said  lands;  five  per  centum  of  the  pro- 
ceeds of  the  sale  of  public  lands  lying  within  the  state  which 
shall  be  sold  by  the  United  States  subsequent  to  the  admission 
of  the  state  into  the  Union  as  approved  by  Section  15  of  the 
Enabling  Act;  the  principal  of  all  funds  arising  from  the  sale 
of  lands  and  other  property  which  have  been  and  may  be  here- 
after granted  to  the  state  for  the  support  of  common  schools 
and  such  other  funds  as  may  be  provided  by  legislative  enact- 
ment. (Act  approved  March  8,  1897).  (5th  Sess.  Chap.  133). 

994.  Common  School  Levy. — In  addition  to  the  provisions 
for  the  support  of  common  schools,  hereinbefore  provided,  It 
shall  be  the  duty  of  the  county  commissioners  of  each  county 
in  the  state  to  levy  an  annual  tax  of  four  mills  on  the  dollar  of 
the  assessed  value  of  all  taxable  property,  real  and  personal, 
within  the  county  which  levy  shall  be  made  at  the  time  and  in 
the  manner  provided  by  law  for  the  levying  of  taxes  for 


158  GENERAL    SCHOOL   LAW 

county  purposes,  which  tax  shall  be  collected  by  the  county 
treasurer  at  the  same  time  and  in  the  same  manner  as  state 
and  county  taxes  are  collected.  For  the  further  support  of 
the  common  schools,  there  shall  also  be  set  apart  by  the  county 
treasurer  all  moneys  paid  into  the  county  treasury  arising  from 
all  fines  or  violations  of  law,  unless  otherwise  specified  by 
law.  Such  money  shall  be  forthwith  paid  into  the  county 
treasury  by  the  officer  receiving  the  same,  and  be  added  to  the 
yearly  school  fund  raised  by  taxing  each  county  and  dividing 
in  the  same  manner.  (Act  approved  February  27,  1907,  Sec. 
i.)  (loth  Sess.  Chap.  51). 

995.  Special  School  Tax. — On  or  before  the  day  designated 
by    law    for    the    commissioners    of    each    county    to    levy    the 
requisite  taxes  for  the  then  ensuing  year,  the  school  board  in 
each  school  district  shall  certify  to  the  county  commissioners 
the  number  of  mills  per  dollar  which  it  is  necessary  to  levy   3n 
the   taxable   property   of   the   district,   not   to   exceed   ten   mills, 
to  raise  a  special  fund  to  maintain  the  schools  of  said  districts, 
to  furnish  additional     school  facilities  therefor,  and  to  furnish 
such    appliances    and    apparatus    as    may    be    needed,    and,    in 
the  districts  of  the  first  and  second  class;  the  trustees  thereof 
must  make  such  special  levy,  or  so  much   thereof  as   may   be 
necessary  to  maintain  a  school  term  of  at  least  nine  months  in 
each  year,  and  the  county  commissioners  shall  cause  the  same 
to  be  levied  at  the  same  time  that  other  taxes  are  levied,  and 
the  amount  of  such  special  tax  shall  be  assessed  to  each  tax- 
payer of  such  district,  and  shall  be  placed  in  separate  column 
of  the  tax  book,  which  shall  be  headed  "Special  School  Tax.'" 

There  shall  also  be  a  column  in  said  tax  book,  which  shall  be 
designated  the  number  of  the  school  district  in  which  the  prop- 
erty is  listed.  This  tax,  when  collected,  shall  be  placed  10 
the  credit  of  the  proper  district,  and  shall  be  subject  to  the 
order  of  the  district  board.  (Act  approved  February  27,  1907, 
Sec.  2.)  (loth  Sess.  Chap.  51). 

996.  (Sec.    1942.)     Apportionment. — All   school    moneys   ap- 
portioned by  county  superintendents  of  common  schools   shall 
be   apportioned    to   the    several    districts    in    proportion    to    the 
number   of   school    census    children    between    six    and    twenty- 
one  years  of  age,  as  shown  by  the  returns  of  the  district  clerk 
for  the   next  preceding      school   census ;   Provided,   that   Indian 
children,   who  are   not  living  under  the   guardianship   of  white 


STATE  OF  MONTANA.  159 

persons,  shall  not  be  included  in  the  apportionment  list,  unless 
the  parents  thereof  are  citizens  of  the  United  States  or  have 
taken  land  under  the  allotment  and  severa'lty  act  of  congress, 
and  have  severed  their  tribal  relations.  (Act  approved  March 

n,   1895). 

State  v.  Cave,  20  Mont  473;   52  Pac.  202. 

997.  (Sec.  1943.)  Purposes  for  Which  Money  May  Be  Used. 
— County  school  moneys  may  be  used  by  the  county  superin- 
tendent and   trustees   for   the   various   purposes    as    authorized 
and  provided  in  this  title,  and  for  no  other  purpose,  except  that 
in  any  district,  any  surplus  in  the  general  school  fund  to   the 
credit  of  said  district,  after  providing  for  the  expenses  of  not 
less    than    eight    months'    school,    on    a    vo-te    of    the    qualified 
electors    of    said    district,    may    be    used    for    the    purpose    of 
building  and  improvement.     If  any  school  money  shall  be  paid 
by  authority  of  the  board  of  trustees  for  any  purpose  not  auth- 
orized by  this  title,   the  trustees   consenting   to   such   payment 
shall  be  liable  to  the  district  for  the  repayment  of  such  sum, 
and  a  suit  to  recover  the  same  may  be  brought  by  the  county 
attorney,  or,  if  he  shall  refuse  to  bring  the  same,  a  suit  may  be 
brought   by   any   taxpaying    elector    in    the    district.     (Act    ap- 
proved March   n,    1895). 

Butte  v.  School  District,  29  Mont  336;  74  Pac.  869.  School 
district  property  cannot  be  specially  assessed  to  pay  the 
cost  of  sprinkling  the  streets  on  which  it  abuts.  The 
"improvement"  mentioned  in  this  section  must  enhance 
materially  the  value  of  the  school  property  for  the  purpose 
for  which  it  is  held. 

998.  (Sec.  1944.)     Transfer  of  Road  Funds.— It  shall  be  the 
duty  of  the  county  treasurer  in  each  county  in  this  state  upon 
an  order  of  the  board  of  county  commissioners,  to  transfer  any 
and  all  sums  of  money  raised  by  county  road   tax  and  appor- 
tioned  to  certain  road  districts,   that   shall  have   remained   one 
year  to  the  credit  of  any  road  district  unused  or  unapportioned, 
to  the  credit  of  the  particular  school  district  or  districts  whose 
boundaries   are   coterminous,   or   nearly   so,    with   those    of   the 
road    district    to    whose    credit    said    moneys    were    originally 
apportioned.     A    certificate    to    the    road    supervisor    that    such 
moneys  are  not  needed  for  immediate  use  in  building  or  repair- 
ing roads   in   his   district,   accompanied   by  the   petition   of   ten 
residents    of   such    district    that    such    transfer    be    made,    shall 
be   made   sufficient   warrant   for  the   county   treasurer  to   make 


160  GENERAL    SCHOOL   LAW 

such  transfer  when  approved  by  the  board  of  county  com- 
missioners, and  the  official  maps  of  the  several  road  and  school 
districts  of  the  county  shall  determine  the  districts  to  which 
the  transfers  are  to  be  made.  Moneys  so  received  to  the 
credit  of  any  particular  school  district  may  be  applied  by 
the  trustees  thereof  to  the  payment  of  any  outstanding  dis- 
trict indebtedness,  or  like  other  funds,  to  the  ordinary  ex- 
penses of  the  district.  (Act  approved  March  n,  1895). 

999.  (Sec.    1945.)     Proceeds    of    Town    Lots. — All    moneys 
arising  from  the  sale  of  town  lots  under  and  by  virtue  of  the 
'several   acts   of  the  legislative   assembly  of  the   state   of   Mon- 
tana  relating   to   town    sites,   that   are   now   or    that    hereafter 
may  come  into  the  hands  of  any  clerk  of  the  district  court,  or 
the    corporate    authorities    of    any    city    or    town    of   the    state, 
shall   be  paid   into  the   county  treasury   of  the   county   for   the 
use  and  benefit  of  the   common  schools   of   the   school   district 
in  which  such  city  or  town  is  situated,  to  be  used  as  provided 
for  in   this  title.     (Act  approved   March   n,    1895). 

1000.  (Sec.     1946.)     Building    and    Furnishing    Fund. — The 
county  treasurers  of  the  several  counties  of  this  state  shall  trans- 
fer  all   moneys   so  paid   into   said   treasury   as   provided   for   in 
Sec.  999  (1945)  of  this  title,  or  that  may  now  be  in  such  treas- 
ury, derived  from  said  source,  to  the  school  fund  of  the  school 
district  in  which  town  is  situated,  which  shall  be  paid  out  on 
the  order  of  the  school  trustees  of  such  district,  as  provided  for 
in  Sec.  1001   (1947),  of  this  title;  and  which  said  moneys  shall 
be  by  said  treasurer  set  apart  as  a  special  fund  for  the  purpose 
of   building   and   furnishing   school   houses,   and    shall   be   used 
for  such  purpose  alone, 'unless  otherwise  ordered,   as  provided 
for  in   this  title.     (Act   approved   March   n,   1895). 

TOOT.  (Sec.  1947.)  Warrants. — The  school  trustees  of  any 
school  district  are  hereby  authorized  to  draw  warrants  on  said 
fund  named  in  Section  999  (1945)  and  1000  (1946),  of  this 
title,  for  the  purpose  of  building  and  furnishing  a  school 
house  in  such  place,  in  the  town  or  city  from  the  sale  of  lots 
out  of  which  such  fund  arose,  as  they  may  designate,  which 
said  warrants  or  orders  shall  specify  the  fund  on  which  the 
same  are  drawn  and  for  what  purpose  drawn.  (Act  approved 
March  n,  1895). 

1002.  (Sec.  1948.)  Transfer  of  Funds.  Election. — Said 
fund  may  be  used  for  general  school  purposes,  if  a  majority  of 


STATE  OF  MONTANA.  161 

the  qualified  electors  of  such  district  shall  so-  elect,  and  upon 
the  written  request  of  any  five  of  the  qualified  electors  of  such 
district  presented  to  the  trustees  for  such  purposes  in  the  man- 
ner provided  in  Sec.  1243  and  the  trustees  shall  prepare  the 
form  of  the  ballot  used  in  such  election,  which  election  shall 
be  conducted  as  other  elections  provided  for  in  the  several 
school  districts  under  the  general  school  laws  of  this  state, 
and  when  any  warrant  is  so  drawn  on  said  fund  for  other  pur- 
poses than  the  building  and  furnishing  of  a  school  house,  said 
warrant  shall  specify  that  it  was  pursuant  to  an  election  held 
for  such  purpose.  (Act  approved  March  u,  1895). 
*  No  such  number  in  original  bill. 


ARTICLE   XIX. 
Bonds. 

Section  1003.     How   issued.     Election.     Limit. 

Section  1004.     Bonds   for    building   and    equipping   school    buildings 

Section  1005.     Manner    of    holding    elections.    Ballots.    Voting. 

Section  1006.     Notice  of  sale  of  bonds. 

Section  1007.     School  district  liable  on  bonds. 

Section  1008.     Tax.     Interest.     Sinking  funds. 

Section  1009.  Redemption  of  bonds.  Duties  of  county  commis- 
sioners. 

Section  lO'lO.     Redemption   notice   to  bond  hohMers. 

Section  ;L011.     Duty  of  county  treasurer. 

Section  1012.     Printing  of  bonds. 

Section  1013.     Penalty  for  refusal  to  pay  bonds«. 

Section  1014.  Repayment  of  moneys  borrowed  for  maintenance  of 
schools. 

Section  1015.     Special   levy   to   repay  moneys  borrowed. 

Section  1016.     Disposition   of   funds    collected. 

Section  1017.     Trustees  may  issue  bonds. 

Section  1018.     General  laws  applicable. 

1003.  (Sec.  1960.)  How  Issued.  Election.  Limit. — The 
board  of  school  trustees  of  any  school  within  this  state  shall, 
whenever  a  majority  of  the  school  trustees  so  decide,  submit  to 
the  electors  of  the  district  the  question  whether  the  board  shall 
be  authorized  to  issue  coupon  bonds  to  a  certain  amount,  not 
to  exceed  three  per  cent,  of  the  taxable  property  in  said  dis- 
trict, and  bearing  a  certain  rate  of  interest  not  exceeding  six 
per  cent  per  annum,  and  payable  and  redeemable  at  a  certain 
time,  for  the  purpose  of  building  and  furnishing  one  or  more 
school  houses  in  said  district,  and  purchasing  land  necessary 


162  GENERAL    SCHOOL   LAW 

for  the  same.  Should  the  trustees  of  any  school  district  in 
which  bonds  have  heretofore  been  issued  to  any  amount,  desire 
to  submit  to  the  electors  of  the  district  the  question  as  to- 
whether  additional  bonds  shall  be  issued  they  may  do  so, 
but  no  such  bonds  shall  be  issued  unless  a  majority  of  all  votes 
cast  at  any  such  election  shall  be  cast  in  favor  of  such  issue 
of  additional  bonds ;  and  in  no  case  shall  the  whole  issue  c  f 
bonds  exceed  the  amount  of  three  per  cent,  of  the  taxable 
property  within  said  school  district.  (Act  approved  March 
n,  1895). 

1004.  Bonds  for  Building  and  Equipping  School  Buildings. 
— The   board  of  school   trustees   of  any   school   district   within 
Montana,  shall,  whenever  a  majority  of  the  school  trustees  so 
decide,    submit    to    the    electors    of    the    district    the    question 
whether  the  board  shall  be  authorized  to  issue  coupon  bonds 
to  a  certain  amount,  not  to  exceed  three  per  cent,  of  the  tax- 
able  property   in   said    district;   provided,   that   nothing   herein 
contained  shall  authorize  the  issuance  of  bonds  to  an.  amount 
exceeding   five    hundred    thousand    dollars    in    any    one    school 
district,  and  bearing  a  certain  rate  of  interest  not   exceeding 
six  per  centum  per  annum  and  payable  and  redeemable  at  a 
certain   time,   for  the  purpose   of  building  and  furnishing  one 
or   more   school   houses   in   said   district,   and   purchasing   land 
necessary   for   the    same.     Should    the    trustees   of    any    school 
district   in    which    bonds    have   been   heretofore    issued    to    any 
amount,    desire   to   submit   to   the   electors   of   the    district   the 
question  as   to  whether  additional  bonds   shall  be   issued   they 
may  do  so,  but  no -such  bonds  shall  be  issued  unless  a  majority 
of  all  votes  cast  at  any  such  election  shall  be  cast  in  favor  of 
such  issue  of  additional  bonds ;  and  in  no  case  shall  the  whole 
issue  of  bonds  exceed  in  amount  three  per  centum  of  the  tax- 
able property  within  such  school   district.     This  Act  shall  not 
apply  to  an  Act  entitled  "An  Act  to  authorize  the  school  trus- 
tees of  the  school  district  number  one,  of  Deer  Lodge  county, 
to    issue    additional    bonds    for    certain    purposes,"    approved 
February  I3th,  1885.   (Act  approved  February  21,  1905,  Sec.  i). 
(9th    Sess.    Chap.   28). 

1005.  Manner  of  Holding  Election.     Ballots.     Voting. — Such 
election  shall  be  held  in  the  manner  prescribed  for  the  election 
of  school  trustees  except  that  no  registration  will  be  required. 
The  ballots  shall  be  in  the  form  as  follows:     "Shall  bonds  be 


STATE  OF  MONTANA.  163 

issued  and  .sold  to  the  amount  of dollars 

and  bearing  not  to  exceed per  cent,  interest  and  for 

a  period  not  to  exceed  years,  for  the  purpose  of  pur- 
chasing a  school  lot  and  building  a  school  house  thereon  and 
furnishing  the  same? 

Bonds,   Yes. 

Bonds,  No. 

The  elector  shall  prepare  his  ballot  by  crossing  out  thereon 
parts  of  the  ballot  in  such  a  manner  that  the  remaining  part 
shall  express  -his  vote  upon  the  question  submitted.  If  a 
majority  of  the  votes  cast  at  such  election  are  Bonds,  "Yes/* 
the  board  of  school  trustees  shall  issue  such  bonds  in  such  form 
as  the  board  may  direct,  and  they  shall  bear  the  signature  of  the 
chairman  of  the  board  of  trustees,  and  shall  be  signed  by  the 
clerk  of  the  said  school  district ;  and  the  coupons  attached  to  the 
bonds  shall  be  signed  by  the  said  chairman  and  clerk,  provided, 
a  lithographic  or  engraved  facsimile  of  the  signatures  of  the 
chairman  and  clerk  may  be  affixed  to  coupons  only,  when  so 
recited  in  the  bonds,  and  the  corporate  seal  of  the  school  dis- 
trict shall  be  attached  to  each  of  the  bonds ;  and  each  bond  30 
issued  shall  be  registered  by  the  county  treasurer  in  a  book 
provided  for  that  purpose,  which  shall  show  the  number  and 
amount  of  each  bond,  and  the  person  to  whom  the  same  is 
issued  or  sold;  and  the  said  bonds  shall  be  sold  by  the  trus- 
tees as  hereinafter  provided.  (Act  approved  March  14,  1901, 
Sec.  2).  (7th  Sess.  125-6). 

Hauswirth  v.  Mueller,  25  Mont.  159;    64  Pac.  325. 

1006.  (Sec.  1963.)  Notice  of  Sale  of  Bonds.— The  school 
trustees  shall  give  notice  by  advertisement  in  some  newspaper 
published  in  this  state,  for  a  period  of  not  less  than  four  weeks 
to  the  effect  that  the  said  school  trustees  will  sell  said  bonds 
(briefly  describing  the  same),  and  stating  the  time  when,  and 
place  where,  such  sale  will  take  place;  Provided,  that  the  said 
bonds  shall  not  be  sold  for  less  than  their  par  value,  and  that 
the  said  trustees  are  authorized  to  reject  any  bids,  and  to  sell 
said  bonds  at  private  sale,  if  they  deem  it  for  the  best  interests 
of  the  district;  and  all  moneys  arising  from  the  sale  of  said 
bonds  shall  be  paid  forthwith  into  the  treasury  of  the  county 
in  which  such  district  may  be  located  to  the  credit  of  said  dis- 
trict, and  the  same  shall  be  immediately  available  for  the  pur- 
pose of  building  or  providing  the  school  houses  authorized  by 


164  GENERAL    SCHOOL   LAW 

this  title;  Provided,  that  no  such  bonds  shall  be  delivered  by 
the  board  of  trustees  unless  the  moneys  therefor  have  been 
paid  into  the  county  treasury.  (Act  approved  March  n,  1895.) 

1007.  (Sec.   1964.)     School  District  Liable  on  Bonds. — The 
faith  of  each  school  district  is  solemnly  pledged  for   the   pay- 
ment of  the  interest  and  the  redemption  of  the  principal  of  the 
bonds  which  shall  be  issued  under  the  provisions  of  this  title. 
And  for  the  purpose  of  enforcing  the  provisions  of  this   title, 
each  school  district  shall  be  a  body  corporate,  which  may  sue 
and  be  sued  by  or  in  the  name  of  the  board  of  school  trustees 
of  such  district.     (Act  approved  March   n,   1895). 

1008.  (Sec.    1965.)       Tax.     Interest.     Sinking      Fund.— The 
school    trustees    of   each   district   shall    ascertain   and    levy    an- 
nually, the  tax  necessary  to  pay  the  interest  when  it  becomes 
due  and  a  sinking  fund  to  redeem  the  bonds  at  their  maturity; 
and   said   tax   shall   become   a   lien   upon   the    property   in    said 
school  district,  and  be  collected  in  the  same  manner  as  other 
taxes  for  school  purposes.     (Act  approved  March  n,  1895). 

1009.  (Sec.      1966.)       Same.     Redemption    of    Bonds. — The 
county  commissioners,  at  the  time  of  making-  the  levy  of  taxes 
for  county  purposes,   must  levy  a  tax  for  that  year  upon   the 
taxable  property  in  such  district,  for  the  interest  and  redemp- 
tion of  said  bonds,  and  such  tax  must  not  be  less  than  sufficient 
to  pay  the  interest  of  said  bonds  for  that  year,  and  such  por- 
tion of  the  principal  as  is  to  become  due  during  such  years  and 
in  any  event  must  be  high   enough   to   raise,  annually   for  the 
first  half  of  the  term  said  bonds  have  to  run,  a  sufficient  sum 
to    pay   the   interest    thereon,    and    during   the    balance    of   the 
term,  'high   enough   to   pay   such   annual    interest,   and   to   pay, 
annually   a  portion  of  the   principal   of  said   bonds   equal   to  a 
sum  produced  by  taking  the  whole  amount  of  said  bonds  out- 
standing and  divide  it  by  the  number  of  years  said  bonds  have 
to  run  and  all  money  so  levied,  when  collected,   must  be  pail 
into   the   county   treasury   to  the   credit  of   such    district,   kept 
in  a  separate  fund  and  be  used  for  the  payment  of  principal  and 
interest  on   said  bonds,  and   for  no   other  purpose. 

i.  Provided,  that  the  board  may  with  the  surplus  of  such 
sinking  fund,  when  the  same  shall  be  one  thousand  dollars  o/ 
more,  purchase  any  of  the  outstanding  bonds  issued  by  the 
board.  Such  purchase  shall  be  made  at  the  lowest  price  such 
bonds  can  be  purchased  at,  but  at  no  more  than  par  value  of 


STATE  OF  MONTANA.  16S 

such  bonds ;  and  whenever  there  shall  be  such  a  surplus  of 
sinking  fund  amounting  to  the  sum  of  one  thousand  dollars, 
the  board  shall  purchase  therewith  like  bonds,  on  the  same 
terms  and  conditions  as  hereinbefore  specified. 

2.  If  for  any  reason  such  bonds  cannot  be  purchased  as 
hereinbefore  specified,  such  sinking  fund  shall  be  invested  by 
the  treasurer  under  the  direction  of  the  board  of  trustees,  at 
such  times  as  the  board  shall  direct,  in  the  interest-bearing 
bonds  of  the  United  States  or  of  the  State  of  Montana,  which 
shall  be  purchased  at  the  lowest  market  price.  Interest  accru- 
ing upon  such  bonds  shall  be  invested  in  the  same  manner 
and  for  the  same  purpose  as  sinking  fund.  Such  bonds  shall 
be  held  by  the  treasurer  until  the  principal  of  any  bonds  issued 
by  the  board  of  trustees  shall  become  due,  and  shall  be  sold  at 
the  highest  market  price,  and  the  proceeds  applied  to  the  pay- 
ment of  bonds :  Provided,  .further,  that  if  at  any  time  the  board 
shall  deem  it  best,  it  shall  be  lawful  to  sell  such  bonds  for 
the  purpose  of  purchasing  the  bonds  issued  by  such  board; 
but  all  such  sales  shall  be  at  the  highest  market  price,  and  the 
bonds  of  the  board  purchased  with  the  proceeds  of  such  sale 
shall  be  purchased  at  the  lowest  price  they  can  be  obtained 
for,  and  not  above  the  par  value  of  such  bonds ;  Provided, 
further,,  that  the  bonds  first  maturing  shall  be  purchased,  if 
they  can  be  purchased,  on  terms  as  favorable  to  the  board  as 
others  offered  for  sale  to  the  said  board.  All  bonds  of  the  said 
board  purchased  under  the  authority  hereby  given,  or  paid 
by  the  board,  shall  be  forthwith  canceled  as  provided  in  the 
next  succeeding  section.  (Act  approved  March  18,  1895). 

1010.  (Sec.  1967.)  Redemption.  Notice  to  Bond  Holder. — 
When  the  sum  in  said  sinking  fund  shall  equal  or  exceed  the 
amount  of  any  bond  then  due,  the  county  treasurer  shall  give 
notice  to  each  bond  holder,  if  known  to  him  and  shall  post  in 
his  office  a  notice  that  he  will,  wi'thin  thirty  days  from  the 
date  of  such  notice,  redeem  the  bonds  then  payable,  giving  the 
numbers  thereof,  and  preference  shall  be  given  to  the  oldest 
issue;  and  if  at  the  expiration  of  the  said  thirty  days  the  holder 
or  holders  of  said  bonds  shall  fail  or  neglect  to  present  the 
same  for  payment,  interest  thereon  shall  cease;  but  the  treas- 
urer shall  at  all  times  thereafter  be  ready  to  redeem  the  same 
on  presentation,  and  when  any  bonds  shall  be  so  purchased  or 
redeemed  the  county  treasurer  shall  cancel  all  bonds  so  pur- 


166  GENERAL    SCHOOL   LAW 

chased  and  redeemed  by  writing  across  the  face  of  such  bond 
or  bonds,  in  vred  ink,  the  word  "Redeemed"  and  the  date  of 
such  redemption;  Provided,  that,  whenever  in  the  judgment 
of  the  board  of  school  trustees  and  prior  to  the  redemption  of 
said  bonds  said  board  shall  deem  it  advisable  and  for  the 
best  interests  of  the  school  district  to  invest  said  sinking  fund 
or  any  part  thereof,  the  board  may  by  an  order  entered  upon 
their  minutes  direct  and  require  the  county  treasurer  to  invest 
said  sinking  fund  or  any  part  thereof  in  state  or  county  bonds 
or  warrants  until  such  redeemable  period.  (Act  approved 
March  n,  1895). 

ion.  (:Sec.  1968.)  Duty  of  County  Treasurer. — The  county 
treasurer  shall  pay  out  of  any  moneys  belonging  to  the  school 
district  the  interest  upon  any  bonds  issued  under  this  title  by 
such  district  when  the  same  shall  become  due,  upon  the  pre- 
sentation at  his  office  of  the  proper  coupon  which  shall  show 
the  amount  due,  and  the  number  of  the  bond  to  which  it  be- 
longed ;  and  all  coupons  so  paid  shall  be  reported  to  the  school 
trustees  at  their  first  meeting  thereafter.  (Act  approved 
March  n,  1895). 

1012.  (1969.)     Printing   of   Bonds. — The   school   trustees   of 
any  district  shall  cause  to  be  printed  or  lithographed,  at  the 
lowest  rates,  suitable  bonds,  with  the  coupons  attached,  when 
the  same  shall  become  necessary,  and  pay  therefor  out  of  any 
moneys  in  the  county  treasury  to  the  credit  of  said  school  dis- 
trict.    (Act    approved    M'arch    11,    1895). 

1013.  (Sec.   1970.)     Penalty. — If  any   of  the   school   trustees 
of  any  district  shall  fail  or  refuse  to  pay  into  the  proper  county 
treasury   the  money  arising  from   the   sale   of   any  bonds   pro- 
vided for  by  this  title,  they  shall  be  deemed  guilty  of  a  felony, 
and   upon   conviction   thereof,   shall   be   punished   by   imprison- 
ment in  the  state  penitentiary  for  a  term  of  not  less  than  one 
year  nor  more  than  ten  years.     (Act  approved  March  n,  1895). 

1014.  Repayment  of  Moneys  Borrowed  for  Maintenance   of 
Schools. — That  whenever,  before  the  passage  of  this  Act,  the 
taxes  levied  and  collected  in  any  school  district  upon  the  tax- 
able property  of  said  district,  for  the  necessary  maintenance  of 
the    schools   therein,   have   been    insufficient   for   the   necessary 
maintenance  of  said  schools,  and  for  that  reason  the  trustees 
of  said  school  district  have  been  compelled  to  borrow  money 
for  the  necessary  maintenance  of  said  schools,  in  order  to  prc- 


STATE  OF  MONTANA.  167 

vent  the  closing  of  the  same  for  a  portion  of  the  regular  school 
year  of  said  district,  and  have  borrowed  money  for  the  neces- 
sary maintenance  of  said  schools,  and  such  moneys  so  bor- 
rowed cannot  be  repaid'  out  of  the  total  amount  of  taxes  that 
may  be  raised  by  maximum  levy  for  school  purposes  in  such 
district,  without  using  the  funds  of  the  district  needed  to  pay 
the  necessary  current  expenses  for  the  maintenance  of  the 
schools  therein,  and  thereby  necessitating  the  closing  of  such 
schools  for  the  whole  or  a  portion  of  the  regular  current  school 
year  of  such  district  for  one  or  more  years,  then  the  said  trus- 
tees shall  be,  and  are  hereby,  empowered  to  raise  money  to 
repay,  and  to  repay  such  loans,  with  interest  thereon  from  the 
date  thereof  until  paid  at  the  rate  of  six  per  cent  per  annum, 
by  levying  a  tax  therefor  upon  all  the  taxable  property  in  said 
district  in  the  manner  provided  in  the  following  sections.  (Act 
approved  January  27,  1905,  Sec.  i).  (pth  Sess.  Chap.  2). 

1015.  Special  Levy  to  Repay  Moneys  Borrowed. — That  if 
the  trustees  of  any  school  district,  under  the  circumstances 
mentioned  in  Section  i,  of  this  Act  shall  determine  to  repay 
the  moneys  borrowed  and  used  for  the  purpose  mentioned  in 
said  Section  i,  they  shall  ascertain  the  amount  to  be  levied 
by  rinding  the  amount  of  the  principal,  of  such  loans  and 
interest  at  six  per  cent  per  annum  from  the  date  thereof  10 
December  I5th,  of  the  year  in  which  such  levy  shall  be  made, 
that  being  the  time  when  the  tax  will  properly  be  collected, 
and  shall,  on  or  before  the  day  when  the  county  commissioners 
are  required  by  law  to  make  the  annual  tax  levy,  make  and 
file  with  the  county  clerk  of  the  county  in  which  such  school 
district  shall  be  situated,  their  certificate,  which  shall  be  signed 
by  a  majority  of  such  trustees,  setting  forth  therein  the 
amount  to  be  raised  as  aforesaid,  and  requesting  the  county 
commissioners  to  levy  the  amount  named  in  said  certificates 
as  a  special  tax  upon  all  taxable  property  in  said  school  dis- 
trict. The  valuation  of  the  property  in  said  district  as  the 
same  appears  upon  the  assessment  roll  of  said  county  for  the 
year  for  which  the  levy  shall  be  made,  shall  be  the  basis  for 
the  assessment  of  such  tax.  It  shall  be  the  duty  of  the  county 
commissioners  at  the  time  the  annual  tax  levy  is  made,  to  levy 
the  sum  named  in  said  certificate  as  a  special  tax  upon  all  of 
the  taxable  property  in  said  district,  and  the  duty  of  the 
county  clerk  to  spread  said  tax  upon  the  said  assessment  roll 


168  GENERAL    SCHOOL   LAW 

against  all  of  said  property  in  the  same  manner  as  other 
taxes  are  spread  upon  said  roll,  and  said  tax  being  so  assessed 
shall  become  a  lien  upon  said  property  and  be  collected  in  the 
same  manner  as  other  taxes  for  school  purposes  are  collected, 
(Act  approved  February  iQth,  1901,  Sec.  2).  (7th  Sess. 

3-4). 

1016.  Disposition  of  Funds  Collected. — That  when   the   tax 
mentioned  in  the  preceding  sections,  has  been  collected,  or  any 
part  thereof,  the  county  treasurer  shall  place  the  same  to  the 
credit  of  said  school  district  in  a  fund  separate  from  all  other 
funds  of  said   district,  and   the  moneys   in   such   fund   shall   be- 
forthwith  paid  out  by  the  trustees  to  the  persons  and  corpora- 
tions to  whom  the  same  are  payable,  and  until  the  debt  for  the 
payment  of  which  such  moneys  were  raised  have  been  paid,  no- 
part   of  such   funds   shall   be   used   for   any   other   purpose.     If 
from  failure  to  collect  the  entire  amount  of  such  tax,  or  fro-n 
any  other  cause,  there   shall   not  be   moneys   sufficient   in   said 
fund  to  pay  the  amount  of  principal  and  interest  of  the   sum 
borrowed,  the  trustees  shall  pay  the  amount  of  such  deficiency 
from  the  general  fund  to  the  credit  of  said  district,  and  if  after 
paying  all  of  the  debts  payable  out  of  such  special  fund,  a  bal- 
ance shall  remain  therein  such  balance  shall  be  transferred  to 
the    general    fund    of    said    district.     (Act    approved    February 
I9th,   1901,  Sec.  3).     (7th  Sess.  4). 

1017.  Trustees   May   Issue   Bonds. — If   the    trustees    of   any 
school   district   mentioned   in   this   Act   shall   determine   that   it 
would  not  be  for  the  best  interest  of  said  district  to  raise   in 
any  one  year  the  moneys  mentioned  in  Section   i   of  this   Act 
by  levying  and   collecting  a   tax  therefor  as   in   the   preceding 
sections   provided,    they   shall   nevertheless    be    authorized    and 
empowered   to   raise   such   moneys   by   issuing   and   selling   the 
bonds  of  said  district  in  an  amount  sufficient  to  repay,  and   to 
repay,  such  moneys  with  interest  thereon  at  six  per  cent  p^r 
annum.     If    the    said    trustees    shall    determine    to    issue    the 
bonds    of    said    district    for    the    ourpose    aforesaid,    they    shall 
ascertain  the  amount  of  said  bonds  by  finding  the  amount   jf 
principal  and  interest  of  the  loans  to  be  repaid  at  six  per  cent, 
per   annum    from    the   date    thereof   until   the    time    when    said 
bonds    will    probably    be    sold    as    hereinafter    provided.     The}r 
shall  then  issue  the  bonds  of  such   district  to  the   amount   s.> 
ascertained  which   bonds   shall   draw   interest  at  a   rate   not   t:> 


OF  MONTANA.  169 

>ed  six  per'  cent,  per  annum  payable  either  annually  or 
semi-annually  as  the  trustees  shall  determine,  and  each  of 
said  bonds  shall  be  for  the  sum  of  one  hundred  dollars  or 
multiples  thereof  and  shall  run  for  such  length  of  time  as  the 
said  trustees  shall  determine,  not  exceeding  a  period  of  ten 
years  from  the  date  thereof;  said  bonds  shall  be  in  such  form 
as  the  board  of  trustees  may  direct,  and  shall  bear  the  signa- 
ture of  the  chairman  of  the  board  of  trustees,  and  shall  be 
signed  by  the  clerk  as  clerk  of  said  school  district,  and  the 
coupons  attached  to  said  bonds  shall  be  signed  by  said  chair- 
man and  said  clerk;  provided,  that  lithographic  or  engraved  fac 
similes  of  the  signature  of  the  chairman  and  clerk  may  be 
affixed  to  coupons  only  when  so  recited  in  the  bond,  and  each 
bond  so  issued  shall  be  registered  by  the  county  treasurer  in  a 
book  provided  for  that  purpose,  which  shall  show  the  number 
and  amount  of  each  bond  and  the  person  to  whom  the  same 
is  issued  or  sold,  and  said  bonds  shall  be  sold  and  the  pro- 
ceeds thereof  deposited  with  the  county  treasurer  in  the  man- 
ner provided  by  the  provisions  of  Section  1016  (1963),  of  the 
Political  Code  of  this  state,  and  paid  out  by  the  trustees  to 
the  persons  and  corporations  to  whom  the  loans  for  the  pay- 
ment of  which  such  bonds  were  issued  are  payable.  (Act 
approved  February  i9th,  1901.  Sec.  4).  (7th  Sess.  4-5). 

1018.  General  Laws  Applicable. — All  of  the  powers  con- 
ferred and  duties  enjoined  upon  school  trustees  and  county 
commissioners  by  Sections  1008  (1965),  k  1009  (1966),  1010 
(1967),  ion  (1968)  and  1012  (1969,  of  the  Political  Code  of 
this  state  and  any  amendments  thereof  for  raising  money  to 
pay  the  interest  on,  and  to  provide,  and  for  the  care  and 
management  of,  a  sinking  fund  for  the  redemption  and  pay- 
ment of  bonds  issued  by  school  districts  under  the  provisions 
of  existing  laws  are  hereby  conferred  and  enjoined  upon  school 
trustees  and  county  commissioners  respectively  with  respect 
to  all  bonds  issued  under  the  provisions  of  this  Act  as  fully  and 
completely  to  all  intents  and  purposes  as  though  the  above 
named  sections  were  incorporated  in  and  made  a  part  of  this 
Act.  (Act  approved  February  I9th,  1901,  Sec.  5).  (7th  Sess. 
5). 


170  GENERAL   SCHOOL   LAW 

ARTICLE   XX. 
Vacancies. 

Section  1019.     Vacancy  in  school  board. 
Section  1020.    Vacancy.    Clerk. 
Section  1021.    Trustee.    How  removed. 

1019.  (Sec.    1980.)     Vacancy  in   School  Board. — When   any 
vacancy  occurs  jn  the  office  of  trustee  of  any  school  district  by 
death,  resignation,  failure  to  elect  at  the  proper  time,  removal 
from    the    district,    or   other    cause,   the    fact   of   such    vacancy 
shall  be  immediately  certified  to  the  county  superintendent  by 
the  clerk  of  the  school  district,  and  the  county  superintendent 
shall  immediately  appoint  in   writing  some   competent  person, 
who  shall  qualify  and  serve  until  the  next  annual  school  elec- 
tion.    The  county  superintendent  shall  at  the  same  time  notify 
the   clerk   of   the    school    district   of   every   such    appointment; 
Provided,  that  absence  from  the  school  district  for  sixty  con- 
secutive days  shall  constitute  a  vacancy  in  the  office  of  trustee. 
(Act  approved   March    n,    1895). 

1020.  (Sec.    1981.)     Vacancy.     Clerk. — Should   the   office    of 
the   clerk  of  the   school   district  become  vacant,   the  board    of 
school  trustees  shall  immediately  fill  such  vacancy  by  appoinr- 
rnent,  and  the  chairman  of  the  board  shall  immediately  notify 
the    county    superintendent    of    such    appointment.     (Act    ap- 
proved March   n,    1895). 

1621.  (Sec.  1982.)  Trustees.  How  Removed. — Any  school 
trustee  may  be  removed  from  office  by  a  court  of  competent 
jurisdiction,  as  provided  by  law  for  removal  of  elective  civil 
officers;  Provided,  however,  that  upon  charges  being  preferred 
and  good  cause  shown  the  board  of  county  commissioners 
may  suspend  a  trustee  until  such  time  as  such  charges  can  be 
heard  in  the  court  having  jurisdiction  thereof.  (Act  approved 
March  u,  1895).  . 

ARTICLE  XXI. 
Tree   Planting. 

Section  1022.     Arbor  day. 

Section  1023.     Arbor  day  exercises. 

Section  1024.     Same.     Superintendent    of    public    instruction. 

Section  1022.  The  second  Tuesday  of  May  in  each  year 
shall  be  known  throughout  the  State  of  Montana  as  "Arbor 
Day."  Approved  March  4,  1909. 


STATE  OF  MONTANA.  171 

1023.  (bee.    1991.)     Arbor    Day    Exercises. — In    order    that 
the  children  in  our  public  schools  shall  assist  in  the  work  of 
adorning  the  school  grounds  with  trees,  and  to  stimulate  the 
minds  of  the  children  toward  the  benefit  of  preservation  and 
perpetuation  of  our  forests  and  the  growing  of  timber,  it  shaU 
be  the  duty  of  the  authorities  in  every  public  school   district 
in  the  state   to  assemble  the  children  in   their  charge  on   the 
above  day  in  the  school  building  or   elsewhere,   as  they  may 
deem  proper,  and  to  provide  for  and  conduct  under  the  gen- 
eral   supervision    of    the    city    superintendent,    county    superin- 
tendent,   teacheres    and    trustees    or    other    school    authorities 
having  the  general  charge  and  oversight  of  the  public  schools 
in   each   city  or  district,   to  have   and   hold   such   exercises   as 
shall  tend  to  encourage  the  planting,  preservation  and  protec- 
tion of  trees  and  shrubs,  and  an   acquaintance  with  the   best 
methods  to  be  adopted  to  accomplish  such  results.     (Act  ap- 
proved   March    n,    1895). 

1024.  (Sec.  1992.)     Same.     Superintendent     of     Public     In- 
struction.— The  superintendent  of  public  instruction  shall  have 
power  to  prescribe  from  year  to  year  a  course  of  exercises  and 
instructions  in  the  subject  hereinbefore  mentioned,  which  shall 
be  adopted  and  observed  by  the  said  public  school  authorities 
on  Arbor  Day.     (Act   approved   March    n,    1895). 


ARTICLE  XXII. 
Pioneer   Day. 

Section  1025.     Designation  of  Pioneer  day. 

Section  1026.     Exercises  in  public  schools. 

Section  1027.    Pioneer  medals. 

Section  1028.    Copies   of  -essay    to   be   deposited   with   librarian   of 

Historical  library. 
Section  1029.     Course  of  exercises. 

1025.  That  the  first  Friday  of  November  of  each  year  shall 
be    designated    and    known    as    Pioneer    Day    in    the    State    of 
Montana. 

Act  approved   February  26,   1909. 

1026.  Exercises  in  Public  Schools. — That  on  said  Pioneer  Day 
in  the  public  schools  the  afternoon  thereof  shall  be  devoted  to 
the   study   and   discussion   of   pioneers   and   pioneer   history   of 
the    region    of    country    now    comprising    the    State    of    Mon- 


172  GENERAL    SCHOOL   LAW 

tana.     (Act    approved    March    5th,    1903,    Sec.    2).     (8th    Sess. 
Chap.  88). 

1027.  Pioneer  Medal. — That  the  state  board  of  education  Is 
hereby  authorized  to  annually  award  its  pioneer  medal  to  the 
student  of  the  public  schools  or  state  institutions  who  shall  on 
said  day  deliver  the  best  essay  on  such  subject  of  pioneer  his- 
tory,  having  regard   to   historical   research   and  -literary   merit. 
(Act    approved    March    5th,    1903,    Sec.    3).     (8th    Sess.    Chap. 
88). 

1028.  Copies  of  Essays  to  be  Deposited  with  State  Historical 
Library. — That  copies  of  such  essays  shall  be  filed  by  the  said 

state  board  of  education  with  the  librarian  of  the  historical  and 
miscellaneous  department  of  the  state  library.  (Act  approved 
Feb.  26,  1909). 

'1029.  Course  of  Exercises. — That  the  Superintendent  of 
Public  Instruction  shall  have  power  and  it  shall  be  his  duty 
to  prescribe  from  year  to  year  a  suitable  course  of  exercises 
to  be  observed  in  the  public  schools  of  the  state  on  Pioneer 
Day. 

Approved    Feby.   25,    1911. 

ARTICLE   XXIII. 
School  Libraries. 

Section  1030.     Library  fund. 

Section  1031.     Same. 

Section  1032.     Same. 

Section  1033.     Location  and  control  of  libraries. 

Section  1034.     Rules.     Reports. 

Section  1035.     Selection  of  books. 

1030.  Library  Fund. — A  library  fund  is  hereby  created,  and 
the    board   of   school    trustees    must    expend    the    library    fund, 
together  with  such  moneys  as  -may  be  added  thereto  by  dona- 
tion, in  the  purchase  of  books  for  a  school  library,   including 
books   for   supplementary   work,   provided,   that   in    school   dis- 
tricts other  than   cities,  maintaining   a  free   public  library   and 
having   a    population    of   two    thousand    or    more    such    library 
fund  may,  in  the  discretion  of  the  board  of  trustees,  be  used 
for   the  payment   of   the   current   expenses   for   maintenance   of 
the    schools.     (Act   approved    February    14,    1905).     (9th    Sess. 
Chap.   14). 

1031.  (Sec.  2001.)     Same. — Except  in  cities  having  a  popu- 
lation  of  two   thousand   or   more,   the   library   fund   shall    con- 


STATE  OF  MONTANA.  173 

sist  of  not  less  than  five  nor  more  than  ten  per  cent  of  the 
county  school  fund  annually  apportioned  to  the  district;  Pro- 
vided, that  such  ten  per  cent  exceed  fifty  dollars,  fifty  dollars 
only  shall  be  apportioned  to  the  district.  (Act  approved  March 

ii,  1895). 

1032.  (Sec.    2002.)     Same. — In    cities    having    a    population 
of  two  thousand  or  more,  the  library   fund  shall  consist  of  a 
sum  not  to  exceed  fifty  dollars  for  every  five  hundred  children 
or  fraction  thereof  of  three  'hundred  or  more,  between  the  ages 
of  six  and  twenty-one  years,  annually  taken  from  the  general 
school  fund  of  the  county  apportioned  to  such   district.     (Act 
approved    March    n,    1895). 

1033.  (Sec-    2C*>3-)     Location    and^  Control    of    Libraries. — 
Libraries  shall  be  under  the   control   of  the  board  of   trustees 
and    must    be    kept,    when  'practicable,    in    the    school    houses. 
(Act  approved  March    n,   1895). 

1034.  (Sec.  2004.)     Rules,     Reports. — The  trustees  shall  be 
held  accountable   for  the  proper   care   and  preservation   of   the 
library,   and   shall   make   all  needful   rules   and   regulations   not 
provided   for  by  the  superintendent  of  public   instruction,   and 
not    inconsistent    therewith;    and    they    shall    report    annually 
to  the  county  superintendent  all  library  statistics  which  may 
be  required   by  the  blanks   furnished   for   the   purpose  by   the 
superintendent    of    public    instruction.     (Act    approved    March 
II,   1895). 

1035.  (2005.)     Selection     of     Books. — All     books     shall     be 
selected   from  lists   approved  by  the   superintendent  of   public 
instruction.     (Act   approved    March    n,    1895). 

ARTICLE   XXIV. 

Miscellaneous. 

Section  1036.  Gender. 

Section  10-37.  Fines  and  penalties. 

Section  1038.  Insult  to  teacher. 

Section  1039.  Disturbance  of  school. 

Section  1040.  Printing   and   binding. 

Section  1041.  School  officers  not  to  act  as  agents. 

Section  1042.  Oath  of  office. 

Section  1043.  Duty  of  counity  attorney. 

Section  1044.  Penalties. 

1036.  (Sec.   2020.)     Gender. — Whenever   the    word    "he"    or 
""his"  occurs   in  this   title,   referring  either   to   the   members   of 


174  GENERAL    SCHOOL   LAW 

the  board  of  trustees,  county  superintendent,  teachers,  or  other 
school  officers,  it  shall  be  understood  to  mean  also  "she"  or 
"her."  (Act  approved  March  n,  1895). 

1037.  (Sec.  202 1.)     Fines  and  Penalties. — All  fines  and  pen- 
alties, not  otherwise  provided  for  in  this  title,  shall  be  collected 
by  an  action  in  any  court  of  competent  jurisdiction,  and  shall 
be  paid  into  the  county  school  fund  immeditely  after  collection. 
(Act   approved   March    n,    1895). 

1038.  (Sec.   2022.)     Insult   to  Teacher. — Any   parent,   guar- 
dian or  other  person,  who  shall  insult  or  abuse  a  teacher  in  the 
presence  of  the  school,  or  anywhere  on  the  school  grounds  or 
premises,  shall  be  deemed  guilty  of  a  misdemeanor  and  liable 
to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hun- 
dred   dollars.     (Act   approved    March    n,    1895). 

1039.  (Sec.  2023.)   Disturbance  of  School. — Any  person  who 
shall   wilfully   disturb   any   public   school   or   any   public   school 
meeting,  shall  be  deemed  guilty  of  a  misdemeanor,  and  liable 
to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hun- 
dred   dollars.     (Act    approved    March    n,    1895). 

1040.  (Sec.   2024.)     Printing  and   Binding. — All   printing   or 
binding  required  under  this  title  shall  be  executed  in  the  form 
and  manner  and  at  a  price  not  exceeding  other  county  printing 
and  shall  be  paid  in  like  manner  out  of  the  general  school  fund. 
(Act   approved   March    n,    1895.) 

1041.  (Sec.  2025.)     School  Officers  Not  to  Act  as  Agents.— 
Neither  the  superintendent  of  public  instruction,  nor  any  person 
in  his  office,  nor  any  county  superintendent,  nor  school  district 
officer,   nor  any  officer  or  teacher   connected   with   any   public 
school,  shall  act  as  agent  or  solicitor  for  the  sale  of  any  school 
books,  maps,   charts,   school   library  books,   school   furniture   or 
apparatus  or  furnish   any   assistance   to   or  receive   any   reward 
therefor,  from  any  author,  publisher,  bookseller  or  dealer,  doing 
the  same.     Every  person  violating  this  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  be  liable  to  a  fine  of  not  less  than 
fifty  nor  more  than  two  hundred  dollars  for  each  offense,  and 
shall  be  liable  to  removal  from  office  therefor.     (Act  approved 
March    11,    1895). 

1042.  (Sec.  2026.)     Oath  of  Office. — Any  person  elected  or 
appointed  to  any  office  mentioned  in  this  title  shall,  before  en- 
tering upon  the  discharge  of  the  duties  thereof,  take  the  oath 
of  office.     In   case   such   officer   has   a   written   appointment   or 


STATE  OF  MONTANA.  175 


commission,  his  oath  shajl  be  endorsed  thereon;  otherwise  it 
may  be  taken  orally;  in  either  case  it  may  be  sworn  co  before 
any  officer  authorized  to  administer  all  oaths  relative  to  school 
business  appertaining  to  their  respective  offices,  without  charge 
or  fee.  (Act  approved  March  n,  1895). 

1043.  (Sec.  2027.)     Duty  of  County  Attorney. — The  Bounty 
attorney    shall    be    the    legal    advisor    of    the    county    superin- 
tendent, and  all  school  trustees,  and  shall  prosecute  and  defend 
all  suits  to  which  a  district  may  be  a  party.     (Act  approved 
March    n,    1905). 

1044.  (Sec.  2028.)     Penalties. — Any  person  who  shall  violate 
any  provisions  of  this  title  shall  be  deemed  guilty  of  a  misde- 
meanor (when  not  otherwise  provided  in  this  title)    and  upon 
conviction  thereof  shall  be  fined  in  a  sum  not  less  than  twenty 
dollars   nor   more   than   two   hundred   dollars,   or   by    imprison- 
ment in  the  county  jail  not  less  than  five  days  nor  more  than 
thirty    days,    or    by    both    such    fine    and    imprisonment.     (Act 
aproved    March    n,    1895). 

Hilbury  v.  St.  P.  R.  Co.,  23  Mont.  243;   58  Pac.  556. 


SENATE   B-ILL  2. 

All  moneys  received  from  the  investment  of  the  permanent  funds 
of  state  educational  institutions  and  reform  school  and  from  leasing 
of  lands  granted  thereto  shall  be  deposited  monthly  with  the  state 
treasurer  to  the  credit  of  said  institutions. 

Interest  and  income  fund. 

Money  to  be  paid  out  only  on  warrant  of  the  state  auditor  drawn 
OB  account  of  support  and  maintenance  of  such  institutions. 

Warrants  not  to  be  drawn  until  claims  have  been  approved  by  state 
board  of  examiners. 

Interest  and  income  fund  to  be  exhausted  before  any  money  from 
appropriations  from  the  general  fund  is  paid  out. 

The  executive  board  of  each  institution  shall  quarterly  prepare 
detailed  statements  and  file  same  with  board  of  examiners. 

Contents  of  quarterly  statements. 

Statement  must  be  verified  by  the  president  of  the  board  and 
treasurer  of  the  institution. 

The  executive  boards  of  such  institutions  shall  biennially  at  the 
end  of  November  of  each  even  numbered  year  prepare  detailed  state- 
ments. 

What  statements  shall  show. 

Additional   matter  which  biennial  statements   shall  show. 

Biennial  reports  shall  be  signed  and  verified  by  the  president  of 
the  board  and  treasurer  of  the  institution. 


176  GENERAL   SCHOOL   LAW 

Repealing  clause. 

When  Act  shall  take  effect. 

An  Act  to  provide  for  the  deposit  and  disbursement  of  money 
received  from  the  investment  of  the.  permanent  funds  of  the 
state  educational  institutions,  and  from  the  leasing  of  lands 
granted  by  the  Federal  Government  to  such  institutions,  to  be 
known  and  designated  as  the  "Interest  and  Income  Funds"  of 
each  of  such  institutions ;  reducing  the  appropriations  from  the 
general  fund ;  and  providing  for  reports  by  said  educational  in- 
stitutions of  all  moneys  received  from  appropriations  made  to 
them  under  the  laws  of  the  United  States. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

Section  I.  All  moneys  received  from  the  investment  of  the 
permanent  funds  of  the  University,  of  Montana,  the  Agri- 
cultural College  of  Montana,  School  of  Mines  of  Montana, 
State  Normal  School  of  Montana,  State  Reform  School  of 
Montana  and  Deaf  and  Dumb  School  of  Montana,  and  all 
moneys  received  from  the  leasing  of  lands  granted  to  sa;d 
institutions  shall  at  the  close  of  each  calendar  month  be  de- 
posited with  the  state  treasurer  of  Montana  for  each  of 
such  institutions  to  the  credit  of  what  shall  be  known  and 
designated  as  the  "Interest  and  Income  Fund"  of  each  of  said 
institutions. 

Section  II.  The  money  received  by  the  state  treasurer  under 
the  provisions  of  Section  i  of  this  Act  shall  be  paid  out  by  him 
only  on  warrants  issued  by  the  state  auditor  in  payment  of 
c-aims  for  expenses  actually  incurred  for  the  support  and  main- 
tenance of  the  institution  filing  the  same,  and  the  state  auditor 

shall  not  draw  warrants  on  said  interest  and  income  funds  for 

<• 

any  such  claims  until  after  the  claim  has  been  duly  filed  with 
and  audited  and  approved  by  the  state  board  of  examiners. 

Section  III.  In  the  payment  of  claims  presented  by  any  of 
the  institutions  named  in  Section  i  of  this  Act,  the  interest 
and  income  funds  mentioned  in  said  Section  I,  so  far  as  avail- 
able for  the  payment  of  the  items  set  out  in  said-  claim,  shall  be 
exhausted  before  any  warrants  shall  be  drawn  against  the 
appropriation  made  by  the  state  out  of  the  general  fund  for 
the  maintenance  of  the  institution  filing  the  claim. 

Section  IV.  That  on  the  first  of  March,  first  of  June,  first 
of  September,  and  first  of  December  of  each  year  the  execu- 


STATE  OF  MONTANA.  177 

tive  board  of  each  of  the  institutions  named  in  Section  i  of 
this  Act  shall  prepare  or  cause  to  be  prepared  a  detailed 
statement  showing  all  the  expenses  incurred  and  all  dis- 
bursements made  by  such  institution  during  the  preceding 
quarter,  and  the  purposes  for  which  the  same  were  made,  out 
of  funds,  if  any,  appropriated  by  the  United  States  govern- 
ment for  the  maintenance  and  support  of  any  such  institu- 
tions. Such  reports  shall  be  signed  and  verified  under  oath 
by  the  president  of  the  executive  board  and  treasurer  of  the 
institution  making  the  same  and  shall  be  filed  with  the  stare 
board  of  examiners. 

Section  V.  The  executive  board  of  each  of  the  institutions 
named  in  Section  i  of  this  Act  shall,  at  the  end  of  November 
of  each  even  numbered  year,  beginning  with  November  30, 
1910,  prepare  or  cause  to  be  prepared  a  full  detailed 
statement,  showing  all  moneys,  if  any,  received  by 
such  institution  from  the  United  States  government, 
and  of  the  moneys  received  from  the  investment  of 
the  permanent  school  funds  of  the  institutions,  and  of  moneys 
received  from  the  leasing  of  lands  granted  to  such  institutions 
and  all  money  appropriated  by  the  State  of  Montana  out  of 
the  general  fund  for  such  institution,  and  all  money  received 
from  tuitions  or  any  other  sources  whatever  during  the  two 
years  preceding  the  3oth  day  of  November. 

Such  report  shall  also  show  all  disbursements  'made  out  of 
the  funds  received  from  each  of  the  sources  mentioned  above 
in  this  Section  and  the  purposes  for  which  each  disbursement 
was  made  during  such  two  years.  Said  reports  shall  also  con- 
tain a  statement  showing  the  amount  of  money,  if  any,  that 
will  be  received  from  the  Uhited  States  government  for  the 
maintenance  and  support  of  the  institution  for  the  next  en- 
suing two  years,  and  also  an  estimate  of  the  amounts  of  money 
that  will  be  received  for  the  maintenance  of  institution  from 
the  investment  of  the  permanent  fund  thereof  and  from  the 
leasing  of  lands  granted  to  the  institution  for  the  next  ensuing 
two  years.  Said  reports  shall  be  signed  and  verified  undei 
oath  by  the  president  of  the  executive  board  and  treasurer 
of  the  institution  and  filed  with  the  Governor  of  the  State  of 
Montana  within  ten  days  from  and  after  November  3Oth  of  each 
even  numbered  year. 


178  GENERAL   SCHOOL   LAW 

Section  VI.  All  Acts  and  parts  of  Acts  in  conflict  herewith 
are  hereby  repealed. 

Section  VII.  This  Act  shal  be  in  full  force  and  effect  from 
and  after  its  passage. 

Approved   March  8,   1909. 


SENATE    BILL    100. 

Revised  Codes  of  1907,  Section  1171  amended. 

Admission  of  feebled  minded  persons  into  school  for  the  deaf, 
blind  and  feeble  minded. 

Capacity  of  the  person. 

Board  of  trustees  may  adopt  and  apply  tests  to  ascertain  condi- 
tion of  person. 

Object  of  tests. 

Separate  building  to  be  provided   for  feeble  minded. 

Feeble  minded  department  shall  be  under  supervision  of  the  board 
and  superintendent. 

Assistant  superintendent  may  be   appointed. 

Feeble  minded  pupils  may  be  retained  for  life. 

Establishment  of  farm  colony  for  feeble  minded. 

Repealing  clause. 

An  Act  to  amend  Section  1171  of  the  Revised  Codes  of 
Montana  of  1907,  relating  to  the  admission,  care  and  retention 
of  persons  and  children  in  the  Montana  school  for  the  deaf, 
blind  and  feeble  minded  at  Boulder,  Montana. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State 
of  Montana : 

Section  i.  That  Section  1171  of  the  Revised  Codes  of 
Montana  of  1907,  be  and  the  same  is  hereby  amended  so  as 
to  read  as  follows : 

"Section  1171.  All  feeble  minded  persons,  residents  in  the 
State  of  Montana  and  qualified  after  the  general  manner  pre- 
scribed in  Section  1168  of  this  Act,  shall  be  admitted  into"  this 
school ;  Provided,  that  every  such  person  shall  be  capable,  in 
the  judgment  of  the  trustees,  of  at  least  some  mental,  moral  or 
physical  training,  such  as  falls  within  the  proper  function  of  a 
school,  as  distinct  from  an  asylum.  To  the  end  that  the 
board  of  trustees  may  arrive  at  some  definite  method  of  judg- 
ing such  cases,  they  are  hereby  empowered  to  ascertain  and 
establish  certain  tests,  which  tests  shall  be  thoroughly  and 
impartially  applied  to  each  case  before  final  admission  into 
the  school,  and  it  shall  be  the  object  of  said  tests  to  ascertain 


STATE  OP  MONTANA.  179 

in  each  case  if  there  be  any  capacity  for  mental,  moral  of 
physical  training;  and  provided  further,  that  as  soon  as  possible 
in  the  judgment  of  the  board  of  trustees,  by  and  with  the  con- 
sent of  the  state  board  of  education,  a  separate  building  anl 
premises,  adjoining  yet  distinct  from  those  of  the  deaf  and 
blind  shall  be  provided  for  such  feeble  minded  persons, 
which  building  and  premises  shall  be  more  especially  adapted 
to  the  peculiar  needs  of  said  feeble  minded  class  of  persons. 
The  said  feeble  minded  department  shall  be  under  the  general 
control  and  supervision  of  'Said  board  of  trustees  and 
superintendent;  but  the  trustees,  after  consultation  with  the 
superintendent  and  at  his  request,  may  appoint  an  assistant 
superintendent,  together  with  especially  trained  teachers  and 
attendants,  whenever  in  their  judgment  said  feeble  minded 
department  herein  provided  for  shall  seem  to  need  such  addi- 
tional attention  and  supervision ;  and  provided  that  the  said 
officers  are  hereby  authorized  to  retain  in  the  care  of  said 
school  for  life,  such  feeble  minded  pupils  as  have  passed  the 
age  of  twenty-one  years  and  are  not  fit  mentally  to  make  their 
way  or  'become  useful  members  of  society.  The  authorities 
of  said  school  are  directed  to  establish  a  farm  colony  for  the 
feeble  minded  on  the  ranch  belonging  to  the  school.  The 
adults  feeble  minded,  under  skilled  supervision  shall  be  re- 
quired, by  their  labor,  to  contribute  as  far  as  possible  to  their 
own  support  and  to  the  support  of  the  school. 

Section  II.  All  Acts  and  parts  of  Acts  in  conflict  herewith 
are  hereby  repealed. 

Section  III.  This  Act  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval. 

Approved   March    10,   1909. 


H.   B.   129. 

An  Act  authorizing  the  Governor  to  appoint  an  educational 
commission  for  the  purpose  of  amending^  reivsing,  and  collat- 
ing the  laws  touching  upon  the  public  schools  of  the  state, 
and  for  the  further  purpose  of  suggesting  new  legislation  for 
the  welfare  of  said  schools  and  an  appropriation  to  meet  the 
expenses  of  said  commission. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

Section  i.     That  the  Governor  be  and  is  hereby  authorized 


180  GENERAL   SCHOOL   LAW 

and  required  to  appoint  an  Educational  'Commission  of  five 
competent  persons  of  whom  three  at  least  shall  be  school^  men, 
one  being  the  superintendent  of  public  instruction,  as  com- 
missioners to  revise,  collate,  and  digest  all  the  Acts  and 
Statutes  relating  to  or  touching  the  laws  of  the  public  schools 
of  the  state. 

Section  2.  That  the  duties  of  said  Commissioners,  shall  be 
to  collate  and  reduce  into  one  Act  all  the  Acts  and  Statutes  and 
parts  of  Acts  and  Statutes  relating  to  or  touching  the  Public 
Schools  of  State,  and  to  arrange  the  same  systematically  under 
proper  titles,  divisions  and  sections ;  to  omit  in  such  revision 
all  Acts  and  parts  of  Acts  that  have  been  repealed  or  supplied 
by  subsequent  Acts,  or  which  have  expired,  and  to  prepare  and 
submit  such  bills  to  the  Governor  for  submission  to  the  Legis- 
lature as  they  shall  deem  necessary  to  make  the  public  schools 
of  the  state  more  comprehensive,  efficient  and  adapted  to  the 
needs  of  its  citizens. 

Section  3.  That  the  said  Commissioners  shall  report  the 
results  of  their  labors  to  the  Governor  on  or  before  the  first 
of  December,  One  Thousand  Nine  Hundred  and  Twelve. 

Section  4.  That  said  Commission  shall  meet  and  organize 
within  thirty  days  of  their  appointment  and  elect  a  president 
and  secretary  and  as  promptly  as  possible  proceed  to  perform 
their  duties. 

Section  5.  The  members  of  said  commission  provided  for 
in  this  Act  shall  receive  their  actual  traveling  expense;  and 
there  is  hereby  appropriated  the  sum  of  One  Thousand  Dol- 
lars, or  so  much  thereof  as  may  be  necessary  to  carry  out 
the  provisions  of  this  Act. 

Section  6.  All  Acts  and  parts  of  acts  in  conflict  herewith 
are  hereby  repealed. 

Section  7.  This  Act  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval. 

Approved   March  8,    1911. 


STATE  OF  MONTANA.  181 

HOUSE  BILL  137. 

"An  Act  to  Require  the  Instruction  of  Pupils  in  Public, 
Private  or  Parochial  Schools  in  Fire  Dangers  and  Means  of 
Prevention  Thereof." 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  State  of 
Montana : 

Section  I.  That  every  teacher  or  instructor  in  every  pub- 
lic, private  or  parochial  school  consisting  of  more  than  ten 
pupils,  shall  devote  not  less  than  fifteen  minutes  in  each  week 
during  which  school  is  in  session  to  the  instruction  of  pupils 
in  fire  dangers. 

For  the  purpose  of  such  instruction  it  shall  be  the  duty  of 
the  Commissioner  of  Insurance,  to  prepare  a  book  conven- 
iently arranged  in  chapters,  or  lessons,  such  chapters  or  les- 
sons to  be  in  number  sufficient  to  provide  a  different  chapter 
or  lesson  for  each  week  of  the  maximum  school  year,  one  of 
such  lessons  to  be  read  by  the  teachers  in  such  school  each 
week;  provided,  that  if  it  is  advisable,  and  found  possible,  to 
secure  such  lessons  as  may  have  been  prepared  for  this  pur- 
pose, or  in  use,  in  another  state,  the  same  may  be  used  in  this 
state. 

The  book  shall  be  published  at  the  expense  of  the  state  from 
the  amount  appropriated  for  public  printing,  under  the  direc- 
tion of  the  State  Superintendent  of  Public  Instruction,  and 
shall  be  distributed  in  quantities  sufficient  to  provide  a  copy 
for  each  teacher  required  by  the  provisions  of  this  Act  to  give 
the  instruction  herein  provided  for;  the  distribution  to  be 
made  by  the  State  Superintendent  of  Public  Instruction. 

Section  2.  Wilful  neglect  by  any  principal,  or  other  person, 
in  charge  of  any  public,  private  or  parochial  school,  to  comply 
with  the  provisions  of  this  Act  shall  be  a  misdemeanor,  pun- 
ishable, each  offense,  by  a  fine  of  not  less  than  Five  Dollars 
or  more  than  Twenty  Dollars. 

Section  3.  This  Act  shall  be  in  full  force  and  effect  on  and 
after  July  i,  1911. 

Section  4.  All  Acts  and  parts  of  Acts  in  conflict  herewith 
are  hereby  repealed. 

Approved  Feby.  n,  1911. 


182  GENERAL   SCHOOL   LAW 

SUBSTITUTE    FOR    SENATE    BILL    56. 

An  Act   to   Promote   Industrial   Education. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  State 
of  Montana: 

Section  i.  Elementary  manual  and  industrial  training  which 
shall  include  industrial  art  may  form  a  part  of  the  required 
course  of  study  in  all  grades  of  the  public  schools  of  the  state 
of  Montana.  The  Superintendent  of  Public  Instruction  shall 
formulate  the  course  of  study,  or  he  may  approve  courses  of 
study  formulated  by  local  school  officials,  which  meet  the 
requirements  of  this  Section.  The  clerk  of  each  school  dis- 
trict in  his  annual  report  to  the  County  Superintendent  shall 
state  whether  the  above  provisions  have  been  complied  with 
within  the  schools  of  his  district. 

Section  2.  All  school  districts  having  a  population  of  more 
than  five  thousand  shall,  and  districts  of  less  population  may, 
maintain  at  least  one.  manual  training  school  suitably  equipped 
and  designated  to  furnish  manual  and  industrial  instruction  to 
pupils  who  are  above  the  fifth  grade.  Said  schols  shall  fur- 
nish instruction  in  elementary  wood,  metal  and  textile  work; 
in  mechanical  and  industrial  drawing;  and  in  communities 
where  applicable  in  agriculture,  mineralogy,  and  technical 
mining;  and  for  girls  above  the  fifth  grade,  instruction  in 
household  management,  decoration  and  economics,  and  *n 
needlework.  They  shall  also  include  instruction  in  industrial 
history  and  geography;  and  in  the  industrial  materials,  pro- 
cesses and  products  with  special  reference  to  the  industrial 
pursuits  of  the  communities  in  which  they  are  situated. 

The  courses  to  be  presented  in  these  schools  shall  pro- 
vide: 

First:  A  general  culture,  intelligence  and  skill  for  these 
pupils  whose  school  attendance  will  end  with  the  elementary  or 
secondary  grades ;  and 

Second :  A  progressive  development  designed  to  prepare 
directly  for  efficient  work  in  the  related  technical  and  scien- 
tific courses  of  the  higher  institutions  of  learning. 

The  courses  shall  be  modified  to  meet  in  the  largest  measure 
the  needs  of  each  class  of  pupils. 

Nothing  in  this  section  shall  be  understood  as  forbidding 
any  school  from  using  other  materials  than  those  herein 
specified  nor  as  preventing  a  different  assignment  of  work  by 


STATE  OF  MONTANA.  183 

grades,  provided  that  all  courses  shall  have  the  approval  of  the 
State  Board  of  Education. 

Teachers  of  such  schools  shall  have  had  special  preparation 
for  such  instruction  and  shall  be  holders  of  Special  Manual 
Training  Teachers*  Certificates,  which  the  Superintendent  of 
Public  Instruction  is  hereby  empowered  to  grant,  when  sat- 
isfied that  the  applicant  has  received  a  sufficient  general  educa- 
tion and  the  professional  and  technical  preparation  necessary 
for  such  manual  and  industrial  training. 

Section  3.  In  all  school  districts  having  a  population  of  over 
Ten  Thousand,  there  shall  be,  and  in  school  districts  of  less 
population,  there  may  be  maintained  schools  of  special  courses 
in  .connection  with  manual  training,  or  city  or  -county  high 
schools,  designed  to  furnish  a  direct  vocational  training,  includ- 
ing training  in  agricultural  pursuits,  and  mining  for  whi':'i 
there  shall  be  a  local  demand.  Classes  shall  be  formed  when 
not  less  than  twenty  applicants  desire  instruction  in  any  voci- 
tion.  Pupils  who  have  reached  the  age  of  twelve  years  and 
who  have  completed"  not  less  than  the  general  school  work 
assigned  to  the  first  five  grades  may  be  admitted  to  these 
courses  upon  such  terms  as  the  Board  of  Trustees  of  the 
district  may  prescribe ;  pupils  above  the  age  of  fourteen, 
together  with  adults  may  be  admitted  to  evening  classes,  pro- 
viding similar  instruction  upon  such  terms  of  admittance  us 
the  trustees  may  prescribe,  provided  that  there  shall  in  no 
case  be  any  charge  for  tuition.  Teachers  of  such  classes  shall 
be  holders  of  special  certificates  issued  by  the  Superintendent 
of  Public  Instruction,  specifying  the  subject  or  subjects  which 
the  holder  is  entitled  to  teach.  Applicants  for  such  certifi- 
cates must  present  satisfactory  evidence  not  only  of  general 
educational  qualifications,  but  of  special  training  and  practical 
experience  in  the  vocations,  which  they  are  to  teach. 

Section  4.  The  trustees  of  any  district  are  hereby  em- 
powered to  use  moneys  from  the  general  school  fund  of  the 
district  for  the  maintenance  of  Manual  and  Industrial  Schools 
and  courses  the  same  as  for  other  school  purposes :  Pro- 
vided, that  the  state  treasurer  shall  pay  annually  from  any 
funds  in  his  possession  not  otherwise  appropriated  $10  to  each 
district  for  each  person  attending  such  Manual  and  Industrial 
courses  for  a  period  of  six  months  or  more  yearly ;  Provided 
further,  that  the  State  Treasury  shall  likewise  pay  annually 


184  GENERAL   SCHOOL  LAW 

to  any  Free  County  High  School  which  maintains  a  Manual 
Training-  Department,  from  any  funds  in  the  State  Treasurey 
not  otherwise  appropriated,  the  sum  of  Ten  Dollars  ($10.00) 
for  each  child  or  student  attending  the  Manual  Training 
Department  in  such  Free  County  High  School  for  a  period  of 
six  months,  or  longer,  yearly.  Buildings  and  furnishings  and 
equipment  for  Manual  and  Industrial  Training  shall  be  pro- 
vided in  the  same  manner  as  now  prescribed  for  the  erection 
and  furnishing  of  buildings  for  other  school  purposes. 

Section  5.  To  secure  an  efficient  administration  of  this 
act  the  State  Board  of  Education  shall  determine  whether  such 
Manual  and  Industrial  schools  and  courses  meet  the  provisions 
of  the  law.  Such  schools  as  do  not  meet  the  provisions  of  the 
act  shall  not  be  entitled  to  state  aid  until  all  defects  are  rem- 
edied. . 

Section  6.  All  Acts  and  parts  of  Acts  in  conflict  with  this 
Act  are  hereby  repealed. 

Section  7.  This  act  shall  take  effect  thirty  days  from  'and 
after  its  passage  and  approval  by  the  Governor. 

Approved    March   8th,    1911. 

(Note — Section   4    disapproved    March   8,    1911). 


STATE  OF  MONTANA.  185 

Forms   for   Use   of  School   Officers. 

No.  i. 
CERTIFICATE  OF  ELECTION  OF  TRUSTEE. 

To   of   Greeting : 

This  is  to  certify  that  at  a   School  Meeting  of 

School  District  No of  County,  held  at  the 

School  House  of  said  District,  ,  i , 

you  were  duly  elected  to  fill  the  office  of  trustee  for  the  term 

of 

Section  862  of  the  Revised  Code  of  1907  reads  as  follows: 
Trustees  elected  shall  take  office  immediately  after  qualify- 
ing and  shall  hold  office  for  the  term  of  three  years  and  until 
their  successors  are  elected  and  qualified,  or  appointed  by  the 
County  Superintendent  of  Schools  and  qualified.  Every  trus- 
tee elected  shall  file  his  or  her  oath  of  office  with  the  County 
Superintendent  of  Schools.  Any  trustee  who  shall  fail  to  qual- 
ify within  fifteen  days  after  being  elected  shall  forfeit  all  right 
to  office,  and  the  County  Superintendent  of  Schools  shall 
appoint  to  fill  the  vacancy. 

Clerk  of  School  District  Meeting. 

OATH   OF   OFFICE. 

I  do  solemnly  swear  (or  affirm)  that  I  will  support,  protect 
and  defend  the  Constitution  of  the  United  States,  and  the  Con- 
stitution of  the  State  of  Montana,  and  that  I  will  discharge 
the  duties  of  my  office  with  fidelity;  and  that  I  have  not  paid 
or  contributed,  or  promised  to  pay  or  contribute,  either  directly 
or  indirectly,  any  money  or  other  valuable  thing  to  procure  my 
nomination  or  election  (or  appointment)  except  for  necessary 
and  proper  expenses  expressly  authorized  by  law ;  that  I  have 
not  knowingly  violated  any  election  law  of  this  State,  or  pro- 
cured it  to  be  done  by  others  in  my  behalf;  that  I  will  not 
knowingly  receive  directly  or  indirectly  any  money  or  other 
valuable  thing  for  the  performance  or  non-performance  of  an 
act  or  duty  pertaining  to  my  office  other  than  the  compensation 
allowed  by  law.  So  help  me  God. 


Subscribed  and  sworn  to  before  me  this.  . .  .  day  of i .  . . . 

Note. — This  oath  must  be  taken  before  some  one  authorized 
to   administer   oaths. 


186  GENERAL    SCHOOL   LAW 

No.  2. 

CERTIFICATE  OF  APPOINTMENT  OF  TRUSTEE. 
To of   Greeting : 

This  is  to  certify  that  I  have  this   ....   day  of I . .  .  . , 

appointed  of County,  to  fill  the 

officfe  of  Trustee,  until  the  next  annual  election  of  said  district. 

Section  862  of  the  Revised  Code  of  1907  reads  as  follows ; 

Trustees  elected  shall  take  office  immediately  after  qualify- 
ing and  shall  hold  office  for  the  term  of  three  years  and  until 
their  successors  are  elected  and  qualified,"  or  appointed  by  the 
County  Superintendent  of  Schools  and  qualified.  Every  trus- 
tee elected  shall  file  his  or  her  oath  of  office  with  the  County 
Superintendent  of  Schools.  Any  trustee  who  shall  fail  to 
qualify  within  fifteen  days  after  being  elected  shall  forfeit 
all  rights  to  office,  and  the  County  Superintendent  of  Schools 
shall  appoint  to  fill  the  vacancy. 


County  Superintendent. 

Remarks. — This  Certificate,  with  oath  of  office  endorsed 
thereon,  signed  and  sworn  to  before  some  person  competent  to 
administer  oaths,  must  be  sent  to  the  County  Superintendent. 

OATH   OF   OFFICE. 

I  do  solemnly  swear  (or  affirm)  that  I  will  support,  pro- 
tect and  defend  the  Constitution  of  the  United  States,  and  the 
Constitution  of  the  State  of  Montana,  and  that  I  will  discharge 
the  duties  of  my  office  with  fidelity;  and  that  I  have  not  paid 
or  contributed,  or  promised  to  pay  or  contribute,  'either  directly 
or  indirectly,  any  money  or  other  valuable  thing  to  procure  my 
nomination  or  election  (or  appointment)  except  for  necessary 
and. proper  expenses  expressly  authorized  by  law;  that  I  have 
not  knowingly  violated  any  election  law  of  this  State,  or  pro- 
cured it  to  be  done  by  others  in  my  behalf;  that  I  will  not 
knowingly  receive  directly  or  indirectly  any  money  or  other 
valuable  thing  for  the  performance  or  non-performance  of  any 
act  or  duty  pertaining  to  my  office  other  than  the  compensa- 
tion allowed  by  law.  So  help  me  God. 


Subscribed  and  sworn  to  before  me,  this.  . .  .day  of ,  I 


Remarks. — This  oath  may  be  taken  before  any  school  officer 
or  other  person  competent  to  administer  oaths. 


STATE  OF  MONTANA.  187 

No.  3. 

CERTIFICATE    OF   APPOINTMENT   OF    CLERK. 
To    ................    of    ................     Greeting  : 

This  is  to  certify  that  at  a*   ..............   School  Meeting 

of  School  District  No  .....   of   ................    County,  held 

....................  ,    i  .  .  .  .  ,   you   were   duly  appointed  to  fill 

the  office-  of  District  Clerk  to  serve  during  the  pleasure  of  the 
Board. 

If  you  accept,  please  take  the  oath  of  office  hereto  attached, 
and  return  this  notice  to  the  Trustees  without  delay. 


Trustees  for  District  No 


*State   whether   "Regular"   or   "Special"    meeting. 

Remarks.  —  This  certicate  with  oath  of  office  endorsed  there- 
on, signed  and  sworn  to  before  some  person  compentent  to 
administer  oaths,  must  be  sent  to  County  Superintendent  after 
receipt  by  the  Trustees. 

OATH   OIF   OFFICE. 

I  do  solemnly  swear  (or  affirm)  that  I  will  support,  protect 
and  defend  the  Constitution  of  the  United  States,  and  the  Con- 
stitution of  the  State  of  Montana,  and  that  I  will  discharge  the 
duties  of  my  office  with  fidelity;  and  that  I  have  not  paid  or 
contributed,  or  promised  to  pay  or  contribute,  either  directly 
or  indirectly,  any  money  or  other  valuable  thing  to  procure  my 
nomination  or  election  (or  appointment)  except  for  necessary 
and  proper  expenses  expressly  authorized  by  law  ;  that  I  have 
not  knowingly  violated  any  election  law  of  this  State,  or  pro- 
cured it  to  be  done  by  others  in  my  behalf;  that  I  will  not 
knowingly  receive  directly  or  indirectly  any  money  or  other 
valuable  thing  for  the  performance  or  non-performance  of  any 
act  or  duty  pertaining  to  my  office  other  than  the  compensa- 
tion allowed  by  law.  So  help  me  God. 


Subscribed  and  sworn  to  before  me  this.  . .  .day  of ,  I 


Remarks. — This  oath  may  be  taken  before  any  school  officer 
or    other    person    competent    to    administer    oaths. 


188  GENERAL   SCHOOL   LAW 

No.  4. 

AGREEMENT   BETWEEN   SCHOOL  TRUSTEES   AND 

TEACHER. 

This  agreement,  made  and  entered  into  this day  or 

,  A.  D.  i .  . . . ,  between 

party  of  the  first  part,  and  the  School  Trustees  of  School  Dis- 
trict No ,  of County,  Montana,  parties  of  the 

second  part, 

Witnesseth,  that  the  said    ,   who  holds   a 

legal  certificate  as  teacher  for  said  county,  hereby  agrees,  for 
the  consideration  hereafter  stated,  to  teach  the  school  in  sa;d 

district  for  the  period  of    months,   commencing   on 

the    day   of    ,    i... .,    and    

further  agrees  to  enforce  the  rules  and  regulations  prescribed 
by  the  Superintendent  of  Public  Instruction  and  the  County 
Superintendent;  to  strictly  follow  the  advice  of  the  County 
Superintendent  given  within  his  or  her  authority ; -to  use  only 
such  text-books  as  are  prescribed  by  law ;  and  to  keep  a  school 
register  and  make  the  returns  prescribed  by  law,  and  to  use 
the  prescribed  course  of  study. 

And   the    parties    of   the    second    part,   hereby    agree    to    pay 

the  said  ,   dollars  for  each  and 

every  month  of  twenty  school  days,  in  the  manner  following, 
to-wit.  By  drawing  their  order  upon  the  County  Treasurer  of 
said  County  to  be  paid  out  of  any  school  moneys  in  the  County 
Treasury  standing  to  the  credit  of  said  District. 

It  is  mutually  understood  and  agreed  that  whenever  the 
school  shall  be  closed  by  order  of  the  Trustees  on  account  of 
the  prevalence  of  contagious  or  epidemic  disease,  or  from  any 
cause,  the  salary  of  said  first  party  as  teacher  shall 


In  witness  whereof  the  said  parties  have  hereunto  set  their 
hands  and  seals  in  duplicate  at  the  date  hereinbefore  men- 
tioned. 


Teacher. 


Trustees  of  School  District  No 

County. 


STATE  OF  MONTANA.  189 

Note. — Fill  out  the  blank  at  close  of  contract  in  accordance 
with  your  agreement  on  this  point.  If  the  teacher  is  to  re- 
ceive her  salary  when  school  is  closed,  then  add,  "be  paid  the 
same  as  when  school  is  in  session,"  or,  if  no  salary  is  to  be 
paid,  then  add,  "cease  for  such  time  as  the  school  is  closed," 
or  such  words  as  shall  clearly  express  your  agreement.  Each 
party  should  have  a  copy  of  the  contract. 


No.  10. 
NOTICE  OF  ELECTION. 

The   Annual    Meeting. 
of  School  District  No  .....  ,   ..............   County,  Montana, 

for  the  election  of  ................  Trustee.  .   will  be  held  on 

Saturday,  April   ........  ,  i....,  at  the  District  School  House. 

The  polls  will  be  open  between  the  hours  of  .  .....  and  ...... 

o'clock    ----    m. 


....................  )    Trustees. 

....................  ) 

Dated  i  . 


No.  ii. 
NOTICE  OF  ELECTIOiN. 

A  Special   Meeting 
of   School   District   No  .....  ,    .............  County,    Montann, 

for   the   purpose   of    ........................................ 

will  be  held  on  the   ....  day  of   ..................  .  .  .  .  ,   i  .  .  .  .  , 

at  the  District  School  House.     The  polls  will  be  open  between 
the  hours  of    ......    and    ......    o'clock    ....    m. 


....................  )  Trustees. 

.........  -  ..........  ) 

Dated   .  ,   i  . 


INDEX. 


INDEX. 


Pages. 

Provisions  of  the  Enabling  Act    5 

Constitutional    Provisions 8 

Statutory    Provisions    14 

EDUCATION— 

Agricultural  College  of  Momtana 46 

Agricultural  Experiment  Station 60 

Arbor    Day 170 

BOARD   OF    TRUSTEE'S 105 

Annual   Meeting    106 

Attendance  of  Pupils    .  * ^  108 

Chairman     107 

Clerk     106 

Financial   Statement    106 

Flags Ill 

High    Schools    110 

Interest     114 

Loans Ill 

Misdemeanor 110 

Meetings     106 

Outhouses 109 

Powers  over  Property    109 

Powers   and  Duties    107 

Rules     107 

Surplus  Money 115 

Term 105 

Trustees  of  New  District   106 

Trustees  How  Removed    170 

Vacancies     ; 170 

Bonds     112,  130,  161 

CERTIFICATES— 

Charges  for 144 

Grades  of 141 

Graduate  of  State  Normal 16,  144,  145 

Graduate  of  University  of  Montana   20 

Life    Diplomas     16,  19 

Revocation  of  Certificates 16,  20,  144 

Special    Certificates     143 

State    Certificates    15,  18,  19 

Temporary  County  Certificates   142 

Temporary   State   Certificates    16 

Qualifications  of  Teachers    .  142 


INDEX. 

Pages. 

City  Superintendent  of  Schools    156 

Communicable   Diseases 125 

Compulsory  Attendance    145 

County   Superintendent  of  Schools    83 

County  Clerk,  Clerk  of  District  Court,  Justice  of  the 

Peace,   Duties  of    135 

County  Treasurer,  Duties  of   134 

District   Clerk    115 

Duties 115 

Vacancy     170 

Educational  Commission    179 

Election  of  Trustees    93 

EXAMINATIONS    139 

Board  of  'Educational  Examiners   139 

Examination    Papers     144 

Excused   from    142 

Examinations,   Private    . . . . . 143 

When    Held    139 

Fire    Drills 121 

Dangers  and  Chemistry  of  Fire   181 

High  Schools,  Free  Coumty    126 

HOLIDAYS— 

January   1 119 

February    12     120 

February  22 119 

May    30    119 

July    4 119 

First  Monday  in   September    119 

Columbus    Day    ,  121 

Thanksgiving  Day    119 

Christmas   Day 119 

Institutes     136 

Industrial    Education     ^. 182  • 

Industrial   Schools    ".' 151  * 

Investment  of  Permanent  Funds    67,  175 

Libraries     172 

Miscellaneous 173 

Pioneer    Day    171 

SCHOOLS      122 

Course  of  Study   122 

Day      123 

Kindergarten 123 

Sectarian    Publications     123 

Pupils 124 

Year    .  123 


INDEX. 

Pages. 

SCHOOL    DISTRICTS    88 

Apportionment     90 

Boundaries     89 

District  in  Two  Counties    91 

Division  of  Funds  and  Property    90 

Division  of  District   92 

Employment  of  Teacher    91 

Four   Months    School    92 

Organization     88 

Text    Books    92 

When    Created    93 

School   Funds    . ., 157 

School  for  Deaf,  Blind  and  Feeble  Minded   22 

Admission  of  Feeble  Minded  Persons    178 

State  Board  of  Education   14,  21 

State   Normal   College    62 

State   Orphans'   Home    22 

State  Reform   School 22 

State  School  of  Mines   37 

State  Text  Book  Commission    70 

Superintendent  of  Public  Instruction   , 78 

TEACHERS— 

Age    119 

Dismissal     120 

Duties 118 

Holidays    , 119 

Powers     119 

Report    .- 117 

Suspension  of  certificate    120 

Qualification 117 

Tranisiportation  of  Pupils    108 

University  of  Montana    28 

University  of  Montana — Law   Department 36 


